Nandkumar Babulal Bambale v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.5569 OF 2015 Nandkumar Babulal Bamble

...Petitioner

vs.

The State of Maharashtra and others

...Respondents

Mr.Rajan Pawar i/b Shriram S. Kulkarni for the Petitioner Mr.V.S.Gokhale, AGP for the respondent Nos.1 and 2. CORAM : A.S.OKA, & REVATI MOHITE DERE, JJ.

DATE : AUGUST 17, 2015 P.C.:

Heard the learned counsel for the petitioner. The learned AGP appears for the respondents. The petitioner made an application for grant of a certificate to the Resettlement Officer of Dimbhe Dam Project and the Tahsildar Ambegaon, District Pune. The certificate was sought in respect of the land in question on the ground that earlier, no certificate has been issued. The petitioner wants to claim benefits on the basis of his case that he is a project affected person.

The application made by the petitioner has been forwarded by the Resettlement Officer to the District Collector, Resettlement Branch, Pune as is seen from the letter dated 7th June 2010 at Exhibit-H to the petition.

The prayer in this petition is for directing that appropriate decision shall be taken on the application made by the petitioner Considering what is stated in the letter dated 7th June 2010 (Exhibit-H to the petition), the petition need not be kept pending.

Accordingly, petition is disposed of by passing the following order:

(I) If a decision has been already taken by the District Collector on the basis of the letter dated 7th June 2010 (Exhibit-H to the petition), the same shall be immediately communicated to the Resettlement Officer, Dimbhe Project and the Tahsildar, Ambegaon, District Pune;

(II) On the basis of the said decision, the Resettlement Officer shall pass an appropriate order within a period of two months from the date on which the decision on the application (Exhibit-H to the petition) is received by him; (III) If no decision has been taken by the Collector till date, he shall take appropriate decision within a period of two months from today. The District Collector shall communicate the decision to the Resettlement Officer who shall take appropriate decision on the application of the petitioner within a period of two months from the date on which decision of the Collector is received;

(IV) All contentions on merits are kept open;

(V) Writ Petition is disposed of on above terms.

(REVATI MOHITE DERE,J.) (A.S.OKA,J.)

CERTIFICATE Certified to be true and correct copy of original signed Judgment/Order.