What Is Gairan Land?

Gairan land refers to village common grazing land — pasture traditionally reserved for the free use of village cattle under the Maharashtra Land Revenue Code, 1966. These lands were historically off-limits for any alternative use. Over decades, however, rapid urbanisation has brought large tracts of such land within the jurisdictions of Municipal Corporations and Municipal Councils, where they have often remained in legal limbo — neither actively used for grazing nor formally available for civic development.

The Key Change

The amendment inserts a new Sub-section (8) into Section 22A of the Code. In plain terms, it allows Gairan land located within a Municipal Corporation or Municipal Council area — where a final Development Plan has already been notified under the Maharashtra Regional and Town Planning Act, 1966 — to be used for the specific purposes designated for it in that Development Plan. Crucially, this can only happen with prior permission from the State Government.

Why This Amendment Was Needed

The move has been in the making for years. The Supreme Court, in Civil Appeal No. 1132/2011 (Jagpal Singh & Others vs. State of Punjab & Others), had flagged concerns about misuse of common grazing lands across India. Following those observations, Maharashtra issued guidelines in 2011 and amended Section 22A in 2017. More recently, the Bombay High Court’s observations in Writ Petition No. 3098/2021 (Santosh Madhukar Bhondve vs. State of Maharashtra) on September 12, 2024 brought renewed urgency. The 2026 amendment is the government’s legislative response — designed to provide a legal framework to utilise these urban pockets of Gairan land productively and in a planned manner.

What the GR Directs Field Officers to Do

The GR lays down four clear instructions for revenue officials across the state:

First, Gairan lands within Municipal Corporation or Municipal Council limits that are included in a final Development Plan are now eligible for use as per that plan. Second, such lands can only be put to the specific purpose for which they are reserved in the Development Plan — whether that be a school, road, garden, or housing — and no other. Third, prior State Government approval is mandatory before any such land is put to use. Fourth, once approval is granted, the District Collector must update the land records: the “Gairan” entry must be removed and the new designated purpose must be formally recorded.

Scale of the Issue

The amendment is significant given the sheer scale of Gairan land locked in legal uncertainty. According to an affidavit filed by the Maharashtra government before the Bombay High Court in 2022, there are over 2,22,153 illegal constructions on Gairan lands across the state, encroaching upon approximately 10,089 hectares. Separately, the state had identified 7,700 hectares of grazing land for potential diversion for public infrastructure projects statewide. Mumbai-specific figures, however, are not publicly disclosed and would require an RTI query to the relevant Collector’s office.

What It Means in Practice

For cities like Mumbai, Pune, Nagpur, and other Municipal Corporation areas, this amendment effectively creates a lawful pathway to develop land parcels that were previously stuck between their village-era classification and modern urban needs. A plot classified as Gairan but reserved for a public garden in the Development Plan, for instance, can now legally be developed as one — provided the State Government gives the nod.

Urban planners and civic bodies are expected to identify such parcels and initiate the approval process. Legal experts note, however, that the requirement of prior State Government permission adds an important safeguard against arbitrary diversion of these commons.

Also Read: 87 Land Deals for 1862+ Acres Closed in FY-23

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A Division Bench comprising Justice G.S. Kulkarni and Justice Aarti Sathe was “quite disturbed” to learn that although the petition by Kumar Agro Products Pvt. Ltd. was served on MHADA in December 2025, the authority’s Law Officer had yet to hand over the brief to their panel advocate.

“Endless Adjournments Cannot Be the Mantra”

The Court noted that MHADA maintains a panel of 23 advocates, yet the Law Department failed to brief any of them, leading to repeated requests for adjournments. The judges highlighted that such delays are not merely procedural—they carry a heavy cost for the public and the petitioners.

“The public exchequer cannot be put to such unwarranted expenditure,” the Bench observed, pointing out that taxpayers ultimately fund the fees for lawyers who are forced to ask for time simply because the department is disorganized.

High Court Mandates Reform

To ensure this “mantra” of delays ends, the Court issued the following directives:

• CEO Action: MHADA’s Chief Executive Officer (Sanjeev Jaiswal, IAS) is ordered to hold a mandatory meeting with all Law Officers and panel counsel to address the “routine” delays.
• Universal Warning: The Court directed that this order be circulated not just within MHADA, but also to the Municipal Commissioners and the Slum Rehabilitation Authority (SRA) to ensure similar mechanisms are fixed across all public bodies.
• Last Chance: While the Court reluctantly granted MHADA a final extension to file its reply by February 7, 2026, it warned that professional conduct is non-negotiable moving forward.

The matter is now scheduled for February 10, 2026, where it will be heard as a priority “High on board” case.

Also Read: MHADA Pune Board to Hold Computerized Lottery for 3,662 Flats on January 29

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The Urban Development Department released a Government Resolution (GR) on Monday mandating sterilization, vaccination, tagging, designation of feeding zones, establishment of shelters, and creation of complaint helplines. The government has warned that failure to comply will be treated as contempt of court, and responsible officials will face personal accountability.

Supreme Court’s Concern Over Human–Dog Conflict

The Supreme Court, while hearing the case, observed that uncontrolled stray dog populations have resulted in frequent attacks, especially on children, posing serious threats to public safety. The Court emphasized the urgency of enforcing the Animal Birth Control (ABC) Rules, 2023 across all cities.

The bench noted that municipal bodies have not implemented sterilization and vaccination programs adequately, leading to an alarming rise in dog-bite cases.

Key Government Directives to Local Bodies

1. Sterilization, Vaccination & Tagging

Municipal corporations, councils, and Nagar Panchayats must catch stray dogs and carry out sterilization, anti-rabies vaccination and ear-tag identification on priority.

2. Creation of Stray Dog Shelters

Local bodies must set up properly equipped shelters or holding centres for stray dogs after capture.

3. Designated Feeding Zones Only

Authorities must allocate specific feeding areas for community dogs. Feeding in open, public spaces such as streets, buildings or parks will not be allowed; violators will face punitive action.

4. Dedicated Helpline for Complaints

A helpline number for complaints about stray dog threats or attacks must be published and responses must be ensured promptly.

5. Anti-Rabies Vaccine Stock Mandatory

All government and private hospitals under municipal bodies must maintain adequate stock of Anti-Rabies Vaccine (ARV) and Immunoglobulin.

6. Immediate Action in Sensitive Public Locations

Stray dogs found near schools, hospitals, bus depots, railway stations, sports complexes and similar areas must be immediately removed and shifted to shelters. They must not be released again at the same site.

7. State-Level Coordination Officer Appointed

The Commissioner & Director of Municipal Administration, Navi Mumbai, has been designated as Nodal Officer to monitor implementation statewide.

Strict Enforcement & Legal Consequences

The GR warns that any non-compliance with the Supreme Court’s instructions will result in personal liability and departmental action under contempt of court provisions. Municipal bodies have been directed to file compliance reports regularly.

The government said the order aims to ensure public safety while maintaining humane treatment toward community animals under national rules.

Conclusion

The circular marks an aggressive policy shift to address the growing concern around stray dog attacks and public health risks. With mandatory sterilization, vaccination coverage, controlled feeding points and stronger enforcement, Maharashtra aims to strike a balance between citizen safety and animal welfare.

Also Read: MahaRERA Orders Full Refund with Interest to Homebuyer for Possession Delay

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By Varun Singh

On Wednesday a developer in South Mumbai celebrated because now he will save Rs 3 crore that he would have earlier paid in form of construction premium to Municipal corporation.

The state government on Wednesday announced a 50% cut in the premium charges to be paid by developers to the municipal body.

According to Ashok Mohanani, President, NAREDCO Maharashtra, Mumbai alone attracts around 22 premiums which is higher than other top metro cities. 

All developers have claimed that this will lead into reduction in home prices. Developers say less premium payment the benefit will be passed on to home buyers.

This is what some top developers have to say on home prices getting reduced because of the cut in premiums.

“We welcomes the decision of the Maharashtra Government to reduce the construction premium by 50 percent. It will give a big respite to the developers, as the cost of premium as well as approval cost contribute 35 to 38% of the project cost, whereby the project cost will come down substantially,” said Mohanani.

Projects that wish to avail the benefit of concession will have to pay the full stamp duty on the sale of flats, whereby the consumers will get direct benefit of this concession, granted by the state government. 

Kamal Khetan, Chairman and Managing Director, Sunteck Realty Ltd said, “The decision coupled with reduced stamp duty cost would help the sector to witness accelerated sales due to the feasible home prices in the upcoming time. It would incentivize the purchasing decision of the homebuyers and boost the residential real estate demand.”

Dr. Niranjan Hiranandani, President NAREDCO, said, “The reduction in premiums for new launches will help the development at the lesser input cost and over a period of time there is possibility of lower price for new inventories that shall come into the market.”

Deepak Goradia, President, CREDAI MCHI, said, “This move will lead to reduced cost for home buyers which will makes houses more affordable thereby increasing their purchasing power, further underlining the opportune time for them to buy a house.”

Also Read: 55 Projects See Change Of Promoter Since 2018

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By Varun Singh

MahaRERA (Maharashtra Real Estate Regulatory Authority) recently asked the secretary of MahaRERA to bring to the Municipal Corporation’s notice its order.

The authority found that a builder had contravened the sanctioned plan because the developer had created and allotted more car parks than sanctioned.

Two home buyers Sandip Jambhale and Prashant Shingan approached MahaRERA against the builder Shri Venkatesh Sharada Infracon.

The home buyers had contended that the project Parijat A wasn’t developed as per the sanctioned plans and layout plans.

They also informed MahaRERA that the developer failed to provide them car parking as agreed, which is sufficient to accommodate their cars.

The home buyers raised several other issues too. Post which MahaRERA appointed an architect from its panel as a commissioner to submit a report on the points raised.

The architect in his report stated that the parking provided to Jambhale, was not in required dimensions as per the bye laws and even the drive way. Thus it was difficult to park four wheeler in the allotted car park space.

The parking space provided to Shingan was on upper level parking floor. The architect found out that as per the sanctioned plan, parking for two wheelers were on the upper level parking floor.

Even the drive way width for four wheeler was not as per the bye laws, thus difficult to park the four wheeler smoothly in first attempt.

The architect also noticed that, the builder had provided more car parking than the sanctioned plan.

The architect also submitted that he didn’t notice any structure defects, like bulging, deflection cracking of structural RCC elements. Thought there were some peeling of ceiling plaster of lowermost parking, due to water seepage. This cannot be categorized under structural defects.

The developer then agreed to provide separate car parks to the home buyers. However, B D Kapadnis, Member, MahaRERA also found in his order that, the builder had contravened the sanctioned plans because he created and allotted more car parking spaces than sanctioned.

Kapadnis directed the builder to restore the position to make it as per sanctioned plan. Then also asked the builder to allot sanctioned car parks on first come first serve basis,

The builder also was asked to refund the money on prorate basis along with interest to those homebuyers whose car parking was being taken back.

Kapadnis in his order mentioned, that it was the duty of the Municipal Corporation that no changes are made in sanctioned plan and specifications. It has the authority to remove unauthorized structures and restore the use.

He also asked the secretary, MahaRERA to bring this order to the notice of the Municipal Corporation for taking necessary action.

The builder was also asked to pay Rs 20,000 to the home buyers as cost towards the complaints and reimburse the commissioners fees deposited by them.

Also Read: HDIL’s Wadhawan had gifted Bandra bungalow to trust in 2018

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