Bombay High Court Directs Probe Into Illegal Land Allotments For Temghar Dam Project; Orders Action Against Erring Officials

The Bombay High Court has directed an investigation into irregularities and illegal allotments of land in the Temghar Dam Project, and ordered that action be taken against officials responsible for such lapses. The Court observed that allotment of alternate land to project-affected persons was made without proper verification of entitlement and supporting records.

A Division Bench of Justices A.S. Gadkari and Kamal Khata was hearing a writ petition filed by a project-affected person challenging an order directing the cancellation of land allotted to him as rehabilitation under the Temghar Dam Project. The petitioner's land had been acquired in 1999, and he had sought allotment of alternate land, which was granted in 2024. However, complaints were subsequently raised alleging irregularities in the allotment, including incorrect claims regarding family members and entitlement.

The record showed that the allotment had been made without verifying key aspects such as the number of family members and the petitioner's actual entitlement. A report submitted by the Additional Collector indicated discrepancies in the documents relied upon by the petitioner, including the absence of proof regarding family members as on the relevant cut-off date.

The State contended that the petitioner had obtained allotment by furnishing incorrect information and misleading the authorities, resulting in the grant of land in excess of entitlement.

The Court found merit in the State's submissions and held that the allotment was made without proper verification of records, particularly regarding eligibility and family composition. It refused to interfere with the direction, cancelling the allotment, holding that no justification was made out to set aside the impugned action.

“… the land allotment was made without verifying the records particularly the number of members in the Petitioner's family on the cut off date and consequently the Petitioner's entitlement considering his assertion about his having thirteen family members,” the Court observed.

The Court directed the Secretary of the Relief and Rehabilitation Department, Mantralaya, Mumbai, to conduct an investigation into irregularities and illegal land allotments in the Temghar Dam Project. It further directed that a compliance report be filed indicating action taken against the concerned officials who were responsible for such allotments.

The Court also directed that appropriate action be taken against the petitioner for furnishing incorrect information, while clarifying that he would be entitled to make a fresh application for allotment of land in accordance with his eligibility.

Accordingly, the writ petition was dismissed with the above directions.

Case Title: Late Mahadev Dhondiba Marne vs. State of Maharashtra & Ors. [Writ Petition No. 16535 of 2025]

Citation: 2026 LiveLaw (Bom) 229

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