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Bombay High Court

ASHOK DASHRATH GODBOLE AND ORSversusTHE STATE OF MAHARASHTRA THROU. SECTION OFFICER AND ORS

Decided
Disposal
Disposed Off

Holding

Both writ petitions are dismissed as having no merit.

Summary

The petitioners filed two writ petitions under Article 226 challenging a communication dated 26 June 2023 that ordered a Gram Panchayat to transfer land to the Maharashtra State Electricity Distribution Company for a solar power project. The first petitioner, the Sarpanch of Shirsane, argued that the transfer was illegal because no consent or No‑Objection Certificate (NOC) from the Gram Panchayat was obtained. The second set of petitioners claimed they were encroachers on government Gairan land whose illegal occupation had been regularised, but offered no evidence. The State, through an affidavit, contended that the scheme (Mukhyamantri Saur Krushi Vahini Yojana 2.0) expressly dispensed with the requirement of a Gram Panchayat NOC. The Court found the petitioners' contentions unsubstantiated and held that the communication was valid, dismissing both petitions.

Issues considered

  • Whether the transfer of land to the electricity company without a Gram Panchayat NOC is invalid under law.
  • Whether the claim of regularisation of illegal occupation of Gairan/Gurcharan land is supported by any evidence.

Subjects

  • Article 226
  • Writ petition
  • Land transfer
  • No Objection Certificate
  • Gram Panchayat
  • Solar power project
  • Government scheme
  • Illegal occupation
  • Gairan land

Judgment

                                   Sbw                                                  38-aswp-5567-2026.doc




                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                      CIVIL APPELLATE JURISDICTION

                                                      WRIT PETITION NO.5567 OF 2026

                              Bhausaheb Govindrao Jore                             … Petitioner

                                       V/s.

                              The State of Maharashtra & Ors.                      … Respondents

                                                                  WITH
                                                      WRIT PETITION NO.5221 OF 2026

                              Ashok Dashrath Godhade & Ors.                        … Petitioners

                                       V/s.

                              The State of Maharashtra & Ors.                      … Respondents



                              Mr. Ramchandra Wagh i/by Mr. Narayan Rokade for the Petitioners.
                              Smt. R.A. Salunkhe, AGP, for the Respondent-State.


                                                                CORAM :   A. S. GADKARI AND
                                                                          KAMAL KHATA, JJ.
                                                                   DATE : 25th August, 2026.

                              P.C.:-

                              1)              By this Petition under Article 226 of the Constitution of India,

                              the Petitioners seek quashing of Communication dated 26 th June, 2023

                              issued by the Respondent No.2.

                              2)              Heard Mr. Wagh, learned Advocate for the Petitioners and Smt.



                                                                                                                1/3
           Digitally signed
           by SANDHYA
SANDHYA BHAGU
BHAGU   WADHWA
WADHWA Date:
        2026.08.29
           14:04:33 +0530
     Sbw                                                 38-aswp-5567-2026.doc

Salunkhe, learned AGP, for the Respondent-State. Perused record.

3)          Perusal    of   record   indicates   that,   by    the   impugned

communication dated 26th June, 2026, the Respondent No.2 has directed

the concerned Gram Panchayat to handover the land mentioned therein to

the Maharashtra State Electricity Distribution Company for erecting Solar

Panels for providing electricity as a part of the project undertaken by the

Government of Maharashtra for the benefit of the people at large. The

Petitioner in Petition No.5567 of 2026 is the Surpanch of Village Shirsane. It

is the contention of the Petitioner that, for allotment of the said land to the

Electricity Company, the consent of the concerned Gram Panchayat is not

obtained by the Respondent No.2 and therefore the said transfer is bad in

law.

4)          As far as, the Petitioners in Writ Petition No. 5221 of 2026 are

concerned, they have come up with a very bold case contending that, they

are encroachers on the said Gairan/Gurcharan land belonging to

Government and their illegal occupation has been regularized by the

Competent Authority.

5)          The contention of Petitioners in Writ Petition No.5221 of 2026

is only to be stated to be rejected as there is no iota of evidence or any

document, even remotely indicating that the illegal occupation on the said

Gairan/Gurcharan land, belonging to Government, is regularized by any

Revenue Authority.

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     Sbw                                                38-aswp-5567-2026.doc

6)            Shri Anil R. Chavan, Tahsildar, Chandwad, District Nashik, has

filed a detailed Affidavit dated 30 th July, 2026, in para No.5 thereof he has

stated that, the primary contention of the Petitioner that, the impugned

Order dated 26th June, 2023, is invalid because prior permission or a No

Objection Certificate (NOC) was not obtained from the concerned Gram

Panchayat, Shirsane, is completely baseless and legally untenable.         It is

stated that, the Solar Power Project Scheme is being implemented under the

‘Mukhyamantri Saur Krushi Vahini Yojana 2.0’ and the Government of

Maharashtra has explicitly dispensed with the requirement of obtaining an

NOC from the local Gram Panchayat for projects under this specific Scheme.

7)            In view thereof, we find that there is no substance in the

contentions raised by the Petitioners in Writ Petition No.5567 of 2026 and

Writ Petition No.5221 of 2026.

8)            According to us, there is no merit in both the Petitions and are

accordingly dismissed.




           (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)




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