Nabu Dagadu Dhivar And ORS v. The Dy. Collector , Rehabilitation Pune District. Pune And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6569 OF 2019 Nabu Dagadu Dhivar & Ors.
..Petitioners
Versus
The Deputy Collector, Rehabilitation, Pune & Ors.
..Respondents Mr. Nitin M. Deshpande, Advocate for the Petitioners. Ms. Nisha Mehra, AGP for Respondent Nos.1 to 3. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.
DATE : 4th NOVEMBER, 2019 P.C.
1] The case of the Petitioners is that land owned by them in Gat No.329 at Village Pachane Taluka Maval, District Pune has been acquired to the extent of 40 Ares and grievance is to the benefit contemplated by the Maharashtra Resettlement of Project Affected Persons Rehabilitation Act, 1989 not being extended to them in spite of numerous representations made. In similar circumstances, while disposing of Writ Petition Stamp No.21038 of 2018 and Writ Petition Stamp No.21037 of 2018, a Division Bench of this Court at Mumbai issued the directions as under :- "(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 Petitioners to appear before the Deputy Collector (Resettlement), Pune on 28.01.2019 and produce necessary documents along with their Representation claiming benefits. In the event of request made by the Petitioners for grant of time to enable them to furnish the documents, it would be open for the Deputy Collector to grant further time after considering their Representations together 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 Petitioners before the concerned authority.
(iv) In the event, the Deputy Collector (Resettlement) upholds entitlement of Petitioners 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 Petitioners 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 even of any difficulty 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 Subsection 4 of Section 16 of the Act." 2] Instant Petition is disposed of passing same directions requiring Deputy Collector, Pune to examine case of the Petitioners and apply directions (i) to (vi) above noted as directions in the Writ petition filed by the Petitioners with the date 28.01.2019 substituted by date 16th December 2019.
Digitally signed by Balaji G.
Panchal Date:
2019.11.05 15:57:22 +0530 Balaji G.
Panchal SMT. BHARATI DANGRE, J CHIEF JUSTICE