MUMBAI: The State cannot foist a "draconian" and "unreasonable" condition on project affected persons (PAP) to construct homes on alternate land allotted to them on humanitarian grounds, held Bombay high court on Monday, setting aside a 2019 order that cancelled one such allotment for non-compliance.
The allotment of a plot of 2500 sq ft to one PAP was done in February 1976. Almost four decades later a complaint was filed alleging non compliance of the allotment condition which was to construct a house within a year. The State acted on the complaint and cancelled the allotment prompting the allottee to approach the HC in 2021.