Shri. Pandurang Vithal Gaikwad Through Poa, Shri Yogesh Gaikwad And ANR v. The District Resettlement Office (Dro) And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 3781 OF 2016 Shri. Sitaram Gunaji Dhanawade Through POA Rajendra P. Hajare And Ors Writ Petition NO. 3782 OF 2016 Shri. Ankush Govind Dhanawade Writ Petition NO. 3788 OF 2016 Shri. Baburao Dagadu Dhanawade Writ Petition NO. 3806 OF 2016 Shri. Mahadeo Tukaram Dhanawade

pvr 2 2-17wp3781-16.doc Writ Petition NO. 9072 OF 2016 Smt. Parvati Sitaram More Through POA Shital Gosul 1.The District Resettlement Office (DRO) Writ Petition NO. 9076 OF 2016 Shri. Balu Anaji Sangpal Writ Petition NO. 9077 OF 2016 Shri. Ravindra Dewaji Shelar

...Petitioners

Writ Petition (ST) NO. 26126 OF 2016 Shri. Ankush Ganpat Sanpal Writ Petition (ST) NO. 26120 OF 2016 Shri. Devaji Chandu More

pvr 3 2-17wp3781-16.doc Writ Petition (ST) NO. 26121 OF 2016 Shri. Shrawan Krishna Gaikwad Writ Petition (ST) NO. 26122 OF 2016 Shri. Tulaji Rajaram Jadhav (Parte) Writ Petition (ST) NO. 26124 OF 2016 Shri. Dattatrya Shankar (Kumbhar) Chandanvandan Writ Petition (ST) NO. 26127 OF 2016 Shri. Tulaji Rajaram Jadhav (Parte)

...Petitioners

Writ Petition (ST) NO. 26139 OF 2016 Shri. Maruti Sakharam Jadhav

pvr 4 2-17wp3781-16.doc Writ Petition (ST) NO. 26140 OF 2016 Shri. Hariba Namdev Sapkal (Utekar)

...Petitioners

Writ Petition (ST) NO. 26141 OF 2016 Smt. Hirabai Maruti Kadam Writ Petition (ST) NO. 26142 OF 2016 Shri. Vithal Kondiba Jadhav (Parte) Writ Petition (ST) NO. 26144 OF 2016 Shri. Kondiba Rakhamaji Gaikwad (Mahar) Writ Petition (ST) NO. 26159 OF 2016 Shri. Deepak Krishna Dalavi

pvr 5 2-17wp3781-16.doc Writ Petition (ST) NO. 26319 OF 2016 Shri. Krishna Maruti Sapkal And Ors Writ Petition (ST) NO. 26320 OF 2016 Shri. Eknath Babaji Shelar And Ors Writ Petition (ST) NO. 26321 OF 2016 Shri. Pandurang Vithal Gaikwad Through POA, Shri Yogesh Gaikwad And Anr ...Petitioners And Ors Writ Petition (ST) NO. 26322 OF 2016 Shri. Ambaji Rakhmaji Jadhav (Parte) Through COA, Shri. Ishwar Kolte And Ors Writ Petition (ST) NO. 26324 OF 2016 Shri. Vishnu Kedari Desai And Ors

pvr 6 2-17wp3781-16.doc Writ Petition NO. 9071 OF 2016 Shri. Kisan Bali Chikane (Deshmukh) Thorugh POA Smt. Sudhamati V Patil (MENTIONED. NOT ON BOARD, TAKEN ON BOARD) Writ Petition NO. 9075 OF 2016 Shri Yashwant Pralhad Jadhav (MENTIONED. NOT ON BOARD, TAKEN ON BOARD) --- Mr.Dhananjay K.Chavan with Mr.Rajendra A.Choudhari, for the Petitioners.

Mr.P. P. Kakade, AGP for the State-Respondents. --- CORAM :- DR. MANJULA CHELLUR, C.J., & G. S. KULKARNI, J.

DATE :- JANUARY 24, 2017 P. C. :- 1.

The petitioners' Counsel placing reliance on the order dated 19 December 2016 passed by this Bench in Writ Petition No.3780 of 2016 would contend that all these matters pertain to the projects i.e. Dhom Dam Irrigation Project, Koyana Dam Project and

pvr 7 2-17wp3781-16.doc Ujani Dam Project, which came to be acquired under the same notification in the year 1970. According to the learned Counsel, in spite of the land losers (PAPs) have opted for allotment of alternate lands as and by way of rehabilitation and in spite of deposit of the required amounts, they have not been given the allotment of the land and put them in possession of the same. In other words, all formalities for allotment of alternate lands have been complied with, but there is no proper course of action completing the process of rehabilitation being completed on the part of Rehabilitation Officer concerned.

2.

Accordingly, the Petitioners seem to have issued notice through their Advocate requesting to expedite the process of disposal of their applications for rehabilitation. They were also required to file Writ Petition No.936 of 2015 which came to be disposed of on 29 February 2016 under similar circumstance. There the Court directed for allotment of alternate lands for project affected persons. 3.

Learned Government Pleader Mr.Kakade submits that the fact that all these Writ Petitions are similar to the one which was the subject-matter of Writ Petition No.936 of 2015 as well as Writ Petition No.3780 of 2016, and therefore, same principle can be applied. 4.

In the light of the above directions, we are of the opinion that the Respondent-Rehabilitation Officer has to accelerate the process of allotting alternate lands which are already identified to

pvr 8 2-17wp3781-16.doc each of the Petitioners in the above Petitions who are entitled for such allotment only if they comply with the necessary conditions and are entitled. It is needless to say that the consideration of the applications or representations concerned, has to be strictly in accordance with the procedure contemplated, keeping in mind the fact that since 1970 the Petitioners are deprived of benefits of the land belonging to them since they were acquired. They are not put in possession of the alternate land till date.

5.

We accordingly dispose of the Writ Petitions by directing the Respondents to treat the legal notice dated 25 January 2016 and also the present petitions itself as representations and dispose them of strictly in accordance with law, based on merits, as expeditiously as possible, in any case not later than three months from today. (G. S. KULKARNI, J.) (CHIEF JUSTICE)