Sulochana Waman Kadam (Since Decd.) Through Lrs. v. State Of Maharashtra Through The Principal Secretary And ORS.
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) NO. 12457 OF 2017 Sulochana Waman Kadam (deceased) through her heir Nilesh Waman Kadam.
... Petitioner.
V/s.
The State of Maharashtra & Ors.
... Respondents.
Mr. Bhooshan Mandlik for the Petitioner.
Ms. S.S. Bhende, AGP for the State.
CORAM : DR. MANJULA CHELLUR,C.J. & N.M. JAMDAR, J.
DATE : AUGUST 22, 2017.
P.C. :- The Petitioner is before this Court aggrieved by acquisition of his land in Gat No. 107/5 situated at Vele Village in Satara District. According to him, an Award came to be passed way back in the year 1963 and inspite of several approach and demand till date there is no allotment of alternate land in terms of the notification/instructions/the statute which came to be implemented from time to time. According to him, he is entitled for an area of 4 acres of land in terms of the procedure contemplated.
2.
The Petitioner is the legal representative of the person who lost the land. Apart from establishing his entitlement, he is required to establish that he is the only person who is entitle for the allotment of alternate land. We make it clear that there is no vested right in the Petitioner to claim a particular land to be allotted to him. If he is entitle for any allotment of land as a person loosing the land for the public purpose, at the most he can seek for allotment of suitable land in the same benefited zone in terms of the procedure contemplated.
3.
In that view of the matter, we direct the authorities to consider the application for allotment of land subject to following conditions :- (a) Whether the predecessor in title of the Petition lost the land for a project meant for the public cause. (b) Whether the Petitioner is the only person or there are other legal representatives alongwith him who are entitled for the alternate land which was sought by their predecessor.
(c ) Whether the Petitioner or his predecessor in title are entitled for allotment of alternate land in terms of procedure contemplated.
4.
After considering the above terms and conditions, the concerned Resettlement and Rehabilitation Officer shall dispose of the application treating the present Writ Petition as application of the Petitioner within three months 5.
Accordingly, the Petition is disposed of.
(N.M. JAMDAR, J.) CHIEF JUSTICE