1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4932 OF 1998. Shamgir Shikshan Sanstha At Shivani (Kotal), Tq. Nilanga, Dist. Latur, through its Secretary, Ambadas Ramrao Landge, AGe 60 years. ... Petitioner. Versus The State of Maharashtra and others ... Respondents. ... Mr.N.P.Patil, advocate for the petitioner. Mr.V.D.Rakh, advocate for the State. ... CORAM : B.R.GAVAI AND : S.V.GANGAPURWALA,JJ. Date : 06.08.2010. ORAL ORDER (Per S.V.Gangapurwala,J.) 1. The present petition impugns the order dated 6.10.1997, issued by the State Government 2 (Revenue and Forest Department), thereby imposing penalty to the petitioner on account of the construction of the School building owned by the petitioner on a Government land. 2. The petitioner is an Educational Trust and running High-School and Higher Secondary School. It is the contention of the petitioner that in the year 1983, a proposal was submitted to the Tahsildar for allotment of Government land bearing Gat No.249 and 254 for construction of School building. According to the petitioner the Tahsildar had even drawn the panchanama and had handed over the possession. Thereafter, abruptly, on 15.l.1998, the Respondents issued an order demanding an amount of Rs.9,90,796/- (Rupees Nine lacs ninety thousand seven hundred ninety six only) on account of encroachment committed by the petitioner on the Government land and for regularising the said encroachment. 3. Mr.Patil, learned counsel for the petitioner contended that the petitioner is not an encroacher but the land was allotted to the 3 petitioner under a panchanama by the Tahsildar and the petitioner is in lawful occupation of the said premises. As such the order impugned is per se illegal. He also relies on the Circular dated 27.3.1992, wherein it is policy of the Government to allot the land for the Educational purpose such as hostel for the students free of costs as the same would advance the social cause. 4. At the time when the petition was admitted, this Court vide order dated 27.11.1998, had directed the petitioner to deposit the market price determined at Rs.1,90,440/- (Rupees One lac ninety thousand four hundred forty only) and penalty amount of Rs.1,90,440/- (Rupees one lac ninety thousand four hundred forty only). 5. Perusal of the said Circular shows that it is the policy of the Government to allot land for such cause. The petitioner can not be said to be ranked encroacher in view of the fact that the Tahsildar under a panchanama had allowed the petitioner to occupy the land. The petitioner in good faith had erected building over the said 4 land. As such the impugned order imposing such a huge penalty of five times of the market value is illegal and enormous, we set aside the said order. As the petitioner has deposited the market value and penalty of the same amount we direct the Respondents to regularise the occupation of the petitioner in Gut No.249 and Gat No.254 of village Shivani (Kotal), Tq.Nilanga, to the extent of 2 hectares 76 ares. The Respondents are directed to take necessary entry of the petitioner's name in the relevant record of Gut No.249 and Gut No.254 of village Shivani (Kotal), Tq.Nilanga, Dist.Latur. 6. In view of the above, Rule made absolute in terms of the interim order that was passed. (S.V.GANGAPURWALA,J.) (B.R.GAVAI,J.) asp/office/wp493298 5