Investigation Ordered Into Irregularities in Land Allotment for Temghar Dam Project Affected Persons
In a significant judgment, the Bombay High Court has upheld the cancellation of land allotment to a petitioner, Late Mahadev Dhondiba Marne, who had been identified as a Project Affected Person (PAP) due to the acquisition of his land for the Temghar Dam Project. The court found that the petitioner had misrepresented facts regarding his family members and entitlement, leading to an unjust allotment of alternate land without proper verification by the authorities.
The bench, comprising Justices A.S. Gadkari and Kamal Khata, dismissed the writ petition filed under Article 226 of the Constitution of India, challenging the order dated 4th November 2025, which directed the cancellation of the allotment of land bearing Gat No.2035/2 and Gat No.358/2. The petitioner argued that the cancellation violated principles of natural justice as he was not afforded an opportunity to be heard.
The judgment noted that the petitioner had submitted incorrect documents about the number of family members, misleading the authorities into allotting more land than entitled. The court emphasized that fraudulent representations nullify claims, and authorities are empowered to take action against such misrepresentations.
Further, the court directed the Secretary of Relief and Rehabilitation Department, Mantralaya, Mumbai, to conduct an investigation into irregularities in land allotments related to the Temghar Dam Project. A compliance report detailing actions against erring officials is to be submitted by 2nd November 2026.
Despite dismissing the petition, the court allowed the petitioner the opportunity to reapply for alternate land, ensuring fairness and compliance with legal provisions. The authorities are instructed to grant land based on verified eligibility and entitlement, thus upholding the principles of administrative accountability and justice.
The judgment also mandates actions against the petitioner for misleading the authorities, as well as against officials who failed to verify the documents properly. This decision underscores the court's commitment to ensuring transparency and accountability in government processes related to land allotment for project-affected persons.
Bottom line:-
Land allotment for Project Affected Persons (PAPs) - Cancellation of land allotment due to misrepresentation by petitioner and failure of authorities to verify records - Directions issued for investigation into irregularities and illegal allotments.
Statutory provision(s): Article 226 of the Constitution of India, Principles of Natural Justice
Late Mahadev Dhondiba Marne v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2890792
