Sambhaji Maruti Bhawar Decd Thru Lhr Gajarabai Sambhaji Bhawar And ANR v. The Additional Collector, Pune And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5632 OF 2021 Sambhaji Maruti Bhawar Deceased Through LRs. & Anr.

Petitioners The Additional Collector, Pune & Ors.

WRIT PETITION NO. 8660 OF 2021 Popat Maruti Meharkar & Ors.

Petitioners WRIT PETITION NO. 7026 OF 2021 Bajirao Thaku Korde Deceased Through LRs. & Ors.

Petitioners The Deputy Collector, Rehabilitation Pune & Ors.

WRIT PETITION NO. 8654 OF 2021 Shripati Tukaram Korde The Deputy Collector, Rehabilitation Pune & Ors.

WRIT PETITION NO. 7025 OF 2021 Mukta Yamana Jori The Deputy Collector, Rehabilitation Pune & Ors.

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WRIT PETITION NO. 7046 OF 2021 Vitthal Tukaram Kondre The Deputy Collector, Rehabilitation Pune & Ors.

WRIT PETITION NO. 7028 OF 2021 Anil Nana Solase The Deputy Collector, Rehabilitation Pune & Ors.

WRIT PETITION NO. 7030 OF 2021 Damu Tukaram Korde The Deputy Collector & Ors.

WRIT PETITION NO. 8648 OF 2021 Govind Narayan Bibikar WRIT PETITION NO. 7900 OF 2021 Vishwanath Mahadev Walunj WRIT PETITION NO. 8641 OF 2021 2/5

Babu Ramji Neharkar WRIT PETITION NO. 8651 OF 2021 Ramchandra Maruti Korde The Deputy Collector & Ors.

WRIT PETITION NO. 8646 OF 2021 Devram Govind Murkute Since deceased Through Legal Heirs Rehabilitation, Pune & Ors.

Mr. Nitin Deshpande, Advocate for the Petitioners. Mr. R. S. Pawar, AGP for the Respondents/State in 7900/2021.

Mr. S. L. Babar, AGP for the Respondents/State in WP/5632/2021, WP/8660/2021, WP/8652/2021, WP/8643/2021, WP/7026/2021, WP/8654/2021, WP/7025/2021, WP/7078/2021, WP/7030/2021, WP/8648/2021, WP/8641/2021, WP/8651/2021.

Mr. V. S. Gokhale, 'B' Panel Counsel for the Respondents/ State.

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

APRIL 6, 2022 P.C.

These writ petitions can be disposed of in terms 3/5

of directions issued by the Division Bench of this Court in Public Interest Litigation No.171 of 2014 decided on February 13, 2017. The petitioner's claim to be project affected person, whose lands were acquired. It is the contention of the petitioners that in spite of constant persuasion, no steps have been taken by the respondents for granting the benefts under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. In similar situation, while dismissing the Public Interest Litigation No.171 of 2014, certain directions are issued. These petitions can be disposed of conveniently by issuing similar directions. Hence, the order:

O R D E R

(i) We direct the Deputy Collector (Resettlement) Pune to examine the cases of the project affected persons herein with a view to ascertain whether they are project affected persons as claimed by them and whether they are entitled to allotment of lands under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999.

(ii) We further direct that the Petitioner to appear before the Deputy Collector (Resettlement), Pune on 11th April, 2022 and produce necessary documents along with their Representation claiming benefts. In the event of request made by the Petitioner for grant of time to enable him to furnish the documents, it would be open for the Deputy Collector to grant further time after considering his Representation with necessary documents.

(iii) The Deputy Collector (Resettlement), Pune shall pass appropriate orders as expeditiously as possible preferably in the period of six months from the date of appearance of Petitioner before the concerned authority.

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(iv) In the event, the Deputy Collector (Resettlement) upholds entitlement of Petitioner for allotment of land, it would be necessary for the said authorities to take further steps in pursuance of the decision and necessary steps shall be taken as early as possible and preferably within six months from the date of such decision.

(v) It is needless to mention that the Respondentauthority shall have to follow the procedure under Section 16(2) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 i.e. the issuance of notice to the Petitioner calling upon them to express their willingness in respect of allotment of land and on receipt of communication to the notice by the concerned authority, to take further steps. (vi) It would also be obligatory on the part of the Petitioner to deposit the amount within the time stipulated in the Act. In the event of any diffculty in respect of allotment of land, it would be obligatory on the part of the authorities to observe the procedure prescribed by law and to pass appropriate orders within the contemplation of sub-section 4 of Section 16 of the Act.

Writ Petitions are disposed of. No costs.

(VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.04.11 12:13:42 +0530 RAJU DATTATRAYA GAIKWAD 5/5