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Bombay High CourtWP/11570/2019disposed off

Sumita Sambhajirao Kadam And ANR v. The Collector, Satara And ORS

2019-11-04Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

(13)-WPST-3412-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.3412 OF 2019 Sumita Sambhajirao Kadam & Anr.

..Petitioners

Versus

The Collector, Satara & Ors.

..Respondents Mr. Nitin P. Deshpande, Advocate for the Petitioners. Ms. Nisha Mehra, AGP for Respondent Nos.1 to 6. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 4th NOVEMBER, 2019 P.C.

1] Petitioners are project affected persons. The Koyna Dam was constructed to not only generate electricity but also to augment irrigation facilities. Land of the Petitioners was acquired in mid 1960s and regretfully they await rehabilitation till date. On 31st October 2017, an order was passed allotting land admeasuring 1 Hectare and 60 Ares in Village Pendhar District Raigad to the Petitioners. The same could not materialize in view of a committee constituted to look into the allotments made probably on account of some mischief being suspected. On 30th October 2018 a letter has been addressed directing that till the committee completes the inquiry, no mutation be effected of the land allotted to the Petitioners and other persons. Challenge is to the said order dated 30th October 2018.

BGP.

(13)-WPST-3412-19.doc.

2] The committee in question has been constituted by Government Resolution dated 20th August 2018. 3] Since the claim of the Petitioners concerns land which was acquired in mid 1960s, we dispose of the Petition directing the committee constituted by the Government Resolution dated 20th August 2018 to complete the inquiry within six months and submit the report to the Government within six months. If in the report the Petitioners' entitlement to land as project affected persons is not found tainted, effect would not be given to the letter dated 30th October 2018. If allotment in favour of the Petitioners is held to be tainted, the Petitioners would be entitled to remedy as per law. Balaji G.

Panchal Balaji G. Panchal Date: 2019.11.05 16:00:13 +0530 SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP.