Shri. Kisan @ Krishna Bhagu Kadam And ORS. v. State Of Maharashtra And ORS.

skn 1/2 8826.15.wp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8826 OF 2015 Shri Kisan @ Krishna Bhagu Kadam and others.... Petitioners.

V/s.

State of Maharashtra and others.

...

Respondents.

Sanjay Anabhawane for the petitioners.

N.P.Deshpande, AGP for the State.

CORAM :

DR.MANJULA CHELLUR, C.J.

AND M.S.SONAK, J.

DATE :

30th August 2016.

P.C. :

The petitioner has approached this Court seeking allotment of land under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (for short "Act of 1999"). Apparently, much prior to coming into force of earlier enactment of 1976, the land of the petitioners seems to have been acquired for a project. In terms of policy decision, the State Government has formed a Committee to consider whether the displaced land owners whose land was acquired for the Koyna Project could be allotted residential plot or agricultural land as envisaged in the earlier Act of 1976 or the later

skn 2/2 8826.15.wp.sxw Act of 1999 to the project affected land owners from Satara district. Now the said committee has identified the lands in Thane, Palghar, Solapur and Raigad districts apart from Satara for distribution to such displaced land owners. It is submitted that each of the above five districts have Deputy Collectors who are designated as Rehabilitation Officers who will consider the application of the displaced person, co-ordinate with each other and then arrive at a conclusion whether the displaced person would be entitled for allotment of land or residential plot.

2.

In the light of the policy decision of the State Government constituting committee, we are of the opinion that the petitioner must approach the concerned Deputy Collector by making an application for residential plot and/or agricultural land as the case may be in terms of the norms and the same shall be considered by Deputy Collector/ Rehabilitation Officer. The said exercise shall be completed within four months from the date of receipt of representation from the petitioner. Accordingly, with this observation, the petition is disposed of.

(M.S.SONAK, J.) CHIEF JUSTICE