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Bombay High CourtWP/783/2021disposed off

Khandu Vithu Shelar Since Deceased Through Lrs Ananda Narayan Shelar v. The State Of Maharashtra The Secretary And ORS

2021-03-08Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice R. I. Chagla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Trusha T.

CIVIL APPELLATE SIDE JURISDICTION Trusha T. Mohite Date: 2021.03.10 12:20:30 +0530 WRIT PETITION NO.783 OF 2021 Khandu Vithu Shelar ..... Petitioner Vs.

The State of Maharashtra and Ors.

..... Respondents WITH WRIT PETITION NO.782 OF 2021 Jagu Waku Shelar ..... Petitioner Vs.

The State of Maharashtra and Ors.

..... Respondents Mr.Y.B.Lengare for the Petitioner Mrs.P.J.Gavhane, A.G.P. for the State in Writ Petition No.783 of 2021 Mr.S.S.Panchpor, A.G.P. for the State in Writ Petition No.782 of 2021

CORAM:

K.K.TATED & RIYAZ I. CHAGLA, JJ.

DATED :

MARCH 8, 2021 P.C.

.

Heard.

1/3

2.

The learned counsel for the Petitioner submits that in both the matters, Petitioners are project affected persons and they are entitled alternate land as per the Maharashtra Resettlement of Project Displaced Persons Act, 1976 and 1999.

3.

The learned counsel for the Petitioner submits that the land which is allotted to both the Petitioners is not suitable. He submits that in both the matters, land is not cultivable. Therefore, it is not possible for them to use the same for his livelihood. Therefore, Petitioner made Application through their advocate dated 22.12.2020 for allotment of land from Gut No.592/2 and 591/4. He submits that in the interest of Justice, this Hon'ble Court be pleased to direct the Respondents to consider the Petitioner's Application dated 22.12.2020 on its own merits and if both the lands are available, they may be directed to allot the same to the Petitioners as project affected persons instead of the land which are already allotted.

4.

The learned A.G.P. for the Respondents submits that if those lands are available then they can consider the Petitioner's request on its own merits. Considering these facts, both the Petitions stand disposed of with following direction:

a.

Respondent to consider the Petitioner's representation dated 22.12.2020 on its own merits for allotment of lands from Gut No.592/2 and 591/4 (those lands are available for allotment) 2/3

b.

Respondents to take decision within 8 weeks from today and inform the Petitioner in writing.

c.

Both the Writ Petitions stand disposed of accordingly. d.

No order as to costs.

e.

No interim relief at present.

(RIYAZ I. CHAGLA, J.) (K.K.TATED, J.) 3/3