Ramchandra Dhondiba Dhawale v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1349 OF 2021 Ramchandra Dhondiba Dhawale CIVIL WRIT PETITION NO. 4987 OF 2021 Govind Krishna Bhanage.

State of Maharashtra and Ors.

CIVIL WRIT PETITION NO. 4985 OF 2021 Vinod Shankar Bhatose.

CIVIL WRIT PETITION NO. 4989 OF 2021 Hariba Tanaji Bhatose.

CIVIL WRIT PETITION NO. 4986 OF 2021 Shri Narayan Raghu Sapkal.

CIVIL WRIT PETITION NO. 4988 OF 2021 Shri Ramesh Vithal Gaikwad (Barbar).

CIVIL WRIT PETITION NO. 4991 OF 2021 Shri Bajrang Ganpat Jadhav(Rodat).

CIVIL WRIT PETITION NO. 1347 OF 2021 Nasima Abdul Deshmukh.

CIVIL WRIT PETITION NO. 1353 OF 2021 Krishana Haribhau Kadam.

CIVIL WRIT PETITION NO. 4982 OF 2021 Raziya Bashir Deshmukh..

CIVIL WRIT PETITION NO. 1363 OF 2021 Deepak Vithal Sutar.

CIVIL WRIT PETITION NO. 1350 OF 2021 Lilabai Bhimrao Kadam.

CIVIL WRIT PETITION NO. 1358 OF 2021 Bhambu Govind Dhawale.

CIVIL WRIT PETITION NO. 4990 OF 2021 Shri Chandrakant Ramji Jadhav.

CIVIL WRIT PETITION NO. 4981 OF 2021 Shri Madhukar Sitaram Bhatose.

CIVIL WRIT PETITION NO. 4983 OF 2021 Ramchandra Dhau Dhawale.

CIVIL WRIT PETITION NO. 4984 OF 2021 Yogesh Bhivram Jadhav.

------------------- Mr. Dhananjay Chavan a/w. Mr. Vijay R. Garad i/b. Mr. R.A. Choudhari, advocate for Petitioners.

Mr. V.M. Mali, AGP for State in WP Nos. 1349/2021, 4988/2021, 1353/2021, 1350/2021.

Ms. Ashwini A. Purav, AGP for State in WP Nos. 4985/2021, 4991/2021, 1347/2021, 1358/2021.

Ms. R.M. Shinde, AGP for State in WP Nos. 4986/2021, 4989/2021, 4990/2021.

Ms. M.S.Bane, AGP for State in WP Nos. 4987/2021, 4982/2021, 4990/2021, 4981/2021.

Mr. Siddhesh Kalel, AGP for State in WP Nos. 4988/2021, 4983/2021 and 4984/202.

--------------------- Digitally signed by ARUNA S TALWALKAR Date:

2021.09.07 10:52:06 +0530 CORAM :SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ.

ARUNA S TALWALKAR DATE :SEPTEMBER 2, 2021.

P.C.

In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner.

The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands, which were acquired. The petitioners have made applications before the authorities as follows :-

Sr. No.

Name Date of application Shri Ramchandra Dhondiba Dhawale(WP/1349/2021) 29/5/2020 Shri Govind Krishna Bhanage(WP/4987/2021) 29/7/2020 Shri Vinod Shankar Bhatose(WP/4985/2021) 24/6/2020 Shri Hariba Tanaji Bhatose(WP/4989/2021) 24/6/2020 Shri Narayan Raghu Sapkal(WP/4986/2021) 24/6/2020 Shri Ramesh Vithal Gaikwad(Barbar)(WP/4988/2021) 24/6/2020 Shri Bajarang Ganpat Jadhav(RODAT)(WP/4991/2021) 24/6/2020 Sou. Nasima Abdul Deshmukh(WP/1347/2021) 29/6/2020 Shri Krishana Haribhau Kadam (WP/1353/2021) 29/7/2020 Sou. Raziya Bashir Deshmukh(WP/4982/2021) 2/6/2020 Shri Deepak Vithal Sutar (WP/1363/2021) 29/7/2020 Sou.

Lilabai Bhimrao Kadam (WP/1350/2021) 29/5/2020 Shri Bhambu Govind Dhawale (WP/1358/2021) 29/5/2020 Shri Chandrakant Ramji Jadhav (WP/4990/2021) 24/6/2020 Shri Madhukar Sitaram Bhatose(WP/4981/2021) 24/6/2020 Shri Ramchandra Dhau Dhawale(WP/4983/2021) 29/5/2020 Shri Yogesh Bhivram Jadhav (WP/4984/2021) 5/10/2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them.

The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite

sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos. 2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)