Ganpat Devji Pol Thr. Poa Kedar Shashikant Deshpande v. The State Of Maharashtra Thr. Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5050 OF 2021 Dagdu Laxman Pol ...
Petitioner
Versus
State of Maharashtra And Others ...
Respondents ALONG WITH WRIT PETITION NO.7790 OF 2021 Ganpat Devji Pol ...
Petitioner
Versus
State of Maharashtra And Others ...
Respondents *** Mr. Sandeep M. Pathak for the Petitioners.
Mr. S.B. Kalel, AGP for the State.
*** CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.
DATE : 24 NOVEMBER, 2021 P. C. :
.
A limited grievance is made in these petitions. The Petitioner, Dagdu Laxman Pol (Writ Petition No.5050 of 2021) was the land owner of the land situated in Village Kudli (Khurd), Tal. Bhor, District Pune, being Gat No.12/5 to the extent of 00 H 06 R and the Petitioner, Ganpat Devji Pol (Writ Petition No.7790 of 2021) was the 1/3
land owner of the land situated in Village Shirgaon, Tal. Bhor, District Pune, being Gat No.17/1 to the extent of 00 H 02.5 R. The lands were acquired by the Respondent-State for a project, namely, 'Nira Deoghar Project'
. The awards came to be passed on the acquisition of the lands. The Petitioner have been declared as project affected persons and as such, they approached the Competent Authority, i.e. the District Rehabilitation Officer, District Satara, with a request to allow them an alternate lands being project affected persons. All necessary details were stated in the applications. The applications were submitted to the Competent Authorities on 1 March 2021, copies of the applications are placed on record at Exhibit 'C' and Exhibit '
D'
, respectively, to the petitions. It seems that on receipt of the applications, information was sought for from the Deputy Collector, Rehabilitation, Pune and by a communication dated 7 May 2021, it was informed that Mr. Dagdu Laxman Pol, the Petitioner in Writ Petition No.5050 of 2021 and Mr. Ganpat Devji Pol, the Petitioner in Writ Petition No.7790 of 2021, are the project affected persons.
The awards were passed on 25 October 2012 and 31 July 1999, respectively, in respect of the lands of these two Petitioners, and they have submitted an affidavits that till the date of the applications, they are not recipients of any alternate land. Thus, the leaned Counsel appearing for the Petitioners submits that in view of the communication dated 7 May 2021, the Petitioners are entitled 2/3
for an alternate lands, but for the reasons best known to the authorities, the applications are still pending before the authorities. Considering a limited grievance and consequent prayers the competent authority to decide the pending applications of the Petitioners, we deem it fit to dispose of the petitions with direction to Respondent No.3-The District Rehabilitation Officer, Satara, to decide the applications received by his office on 1 March 2021, as expeditiously as possible and not later than eight weeks from the receipt of the order of this court.
Needless to state that we have not made any observation on the merits of the applications. The authorities are at liberty to call for record, so as to take decision on the applications dated 1 March 2021. Learned Counsel appearing for the Petitioners submits that as a precautionary measure, the Petitioners would attend Office of Respondent No.3 on 1 December 2021 and supply necessary documents to the officer.
(S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 3/3