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Journalism of Courage
The Bombay High Court on Wednesday directed the state government to appoint a three-member high power committee (HPC) chaired by the highest officer of the department concerned to look into cases of “illegal” allotment of government land to project affected persons (PAPs) of Koyna dam project in 1961, or other similar projects.
The court said that such allotments are “certainly required to be investigated and if found to be illegal or vitiated by fraud, the state government was required to take appropriate action to recall such allotments after following due procedure as per law.”
The HC on July 19 had expressed ‘shock’ over such allotment of ‘valuable’ lands to litigants claiming to be PAPs of projects, to which provisions of new rehabilitation laws were not applicable. The state government was asked to check for ‘fraud’ in allotment of its land, in which persons whose land acquisition process concluded in 1961 with compensation, had again sought and was allotted alternate land as per 1999 scheme. The bench had said it could not happen without “connivance of official machinery”.
A division bench of Justices Girish S Kulkarni and Jitendra S Jain on October 4 was hearing a contempt plea by Shivpratap Krishnarao Patankar, whose land in Satara district was acquired for the Koyna dam project in 1961. Patankar claimed he was PAP entitled to benefit under Maharashtra Project Affected Persons Rehabilitation Act–1999, and that authorities did not comply with HC order directing allotment of alternate land to him.
Explaining the “modus operandi”, the bench had said such persons make a representation after a lapse of 50-60 years before authorities, and then writ pleas are filed in courts seeking orders that their representation be heard by the authority. Under the garb of such orders, the official machinery considers such cases and allots land “at throw-away prices”, by making them eligible in a “totally illegal and high-handed manner”. Moreover, contempt pleas are filed if land is not handed over.
The bench last week sought action by the state government, and noted, “There are sufficient precedents in respect of illegal allotment of public largess being cancelled by public bodies after following a lawful procedure. The law in this regard is well settled.”
It appointed HPC under principal secretary of the department concerned along with other officers such as Commissioner and Collector of the appropriate district to look into illegal allotment and place on record their report of action taken.
Advocate General Birendra Saraf submitted that the state government would certainly take cognisance of the issues, and take appropriate steps.
The HC will hear the plea next on October 18.
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