Smt. Parvati Dnyanu Jadhav (Decd) Through Lr. Shri. Maruti Jadhav v. The Collector, Kolhapur And ORS

5-WP.3671.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3671 OF 2016 Smt. Parvati Dnyanu Jadhav } Petitioner versus The Collector, Kolhapur } and Ors.

} Respondents Mr. Prashant Suryavanshi i/b. Mr. G. M.

Savagave for the petitioner.

Ms. M. P. Thakur-AGP for State.

CORAM :- DR. MANJULA CHELLUR, C.J. & N.M.JAMDAR, J.

DATE :- SEPTEMBER 19, 2017 P.C. :- 1.

The petitioner claims to be the land loser of Tulsi Dam Project, Kolhapur district. According to the petitioner, he has filed an application seeking land in Gat No. 209 admeasuring 40 ares at village Kasaba Vadgaon, taluka Hatkanangale, district Kolhapur and the same is pending since 13th January, 2015. 2.

Apparently, if the petitioner falls within the category of Project Affected Persons, definitely, he is entitled for land in terms of provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, which came to be amended from time to time till date. If the land is available in Gat No. 209 and if it can J.V.Salunke,P.S.

5-WP.3671.2016.doc be allotted to the petitioner, if he is coming within the eligible criteria, it is left to the Resettlement Officer to consider his proposal. If the said land is not available, any other suitable land within the benefit zone has to be allotted to the petitioner. Since the application of the petitioner is pending since January, 2015, we direct the respondent authorities to treat this writ petition as fresh application and do the needful strictly adhering to the procedure contemplated.

3.

With the aforesaid directions, the writ petition is disposed of.

(N. M. JAMDAR, J.) (CHIEF JUSTICE) J.V.Salunke,P.S.