Balu Sakharam Korade v. The State Of Maharashtra, The Secretary Of Revenue And Forest Dept And ORS

15 wp3482-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.04.01 15:32:24 +0530 TRUSHA TUSHAR MOHITE WRIT PETITION NO.3482 OF 2022 Balu Sakharam Korade .... Petitioner Vs.

The State of Maharashtra and Ors.

..... Respondents WITH WRIT PETITION NO.799 OF 2022 Somnath Moghanji Gurav Shirke ..... Petitioner Vs.

The State of Maharashtra and Ors.

..... Respondents Mr.Lengare Y.B. for the petitioner Smt.A.A.Purav, A.G.P. for the State

CORAM:

S.V.GANGAPURWALA & VINAY JOSHI , JJ.

DATED :

MARCH 31, 2022 P.C.

.

Heard.

2.

The learned counsel for the Petitioner submits that Petitioner has given proposal for alternate land. Petitioner is not issued with notice under section 16 (2) of the Maharashtra Resettlement of Project Displaced Persons Mohite 1/2

15 wp3482-22.odt Act, 1976 and Maharashtra Project Affected Persons Rehabilitation Act, 1999. No decision has been taken on the proposal of the petitioner as yet.

3.

The learned counsel submits that question of depositing 65% of the amount would arise if notice is served to the Petitioner under section 16(2) of the Act. 4.

Considering the fact that the proposal of the petitioner is pending, Respondent no.4 shall take decision upon the proposal of the Petitioner on its own merits in accordance with law prefearbly within four months.

5.

Petitioner may represent itself before the authority and may refer to the judgments of this Court. 6.

Both the Writ Petitions are disposed of. No costs. (VINAY JOSHI, J.) (S.V.GANGAPURWALA, J.) Mohite 2/2