Pandurang Sadashiv Yenpure And ORS v. State Of Maharashtra Thr Its Revenue And Forest Dept And ORS

KAWRE KIRAN KALYAN KAWRE KIRAN KALYAN Date: 2024.02.17 16:38:30 +0530 Speaking-WP-10513-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10513 OF 2023 Pandurang Sadashiv Yenpure & Ors.

..Petitioners Vs.

State of Maharashtra Thr.

Its Dept. Revenue and Forest & Ors.

..Respondents __________ Mr. Aseem Naphade a/w Mr. Nirav Doshi i/b S. K. Legal Associates LLP, for the Petitioner.

Ms. P. J. Gavhane, AGP for State.

__________ CORAM :

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE :

SEPTEMBER 27, 2023.

P.C.:

1.

We have heard Mr. Naphade, learned counsel for the petitioner and Ms. Gavhane, learned AGP.

2.

The orders impugned in the present proceedings and passed in respect of each of the petitioners are identical and the applications of the petitioners for allotment of alternate land have been rejected for the following reasons :- "As per the provisions mentioned in the aforesaid Government Resolution, the land is still remained in balance in the command area of the Temghar Project and hence, it will not be appropriate to allot you alternative land in the command area of other project. Therefore, your application with regard to requisition of land in other command area is disposed of.

Therefore, you are requested to submit an application a fresh with regard to requisition of land in the command area, alongwith Kiran Kawre ------------------------- September 27, 2023

Speaking-WP-10513-2023.odt the 7/12 extract."

3.

Considering the prayers as made in the petition and that there appears to be no dispute that the petitioners are project affected persons. In our opinion, it would be in the interest of justice that the respondents are directed to consider the applications of the petitioners in respect of the balance land which is available from the project. 4.

Let such decision be taken within a period of four weeks from today, as the applications of the petitioners appear to be of the year 2017 being Application dated 17 February 2017. All contentions of the parties are expressly kept open.

4A.

Let the Application be decided as expeditiously as possible within a period of four weeks from the date on which this order is presented before the authority.

5.

Petition is disposed of in the above terms. No costs. [JITENDRA JAIN, J.] [G. S. KULKARNI, J.] Corrected as per speaking to minutes of the order dated 16 February 2024. Kiran Kawre ------------------------- September 27, 2023