Pandit Kondiba Hole And ANR v. State Of Maharashtra And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO. 27523 OF 2019 Ganpat Tabaji Kalokhe & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 27522 OF 2019 Tarabai Nagu Sable & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 27541 OF 2019 Jairam Mahipati Kalokhe & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 27542 OF 2019 Gabaji Tukaram Lote & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 27605 OF 2019 Kundalik Dhondu Bendure
...Petitioner
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 27606 OF 2019 Sukhadeo Laxman Sonawane @ Sasane
...Petitioner
V/s State of Maharashtra & Ors.
...Respondents
1/7
2/7 WITH WRIT PETITION (STAMP) NO. 27609 OF 2019 Pratap Bhikaji Aaherkar
...Petitioner
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 27610 OF 2019 Gajabai Mahadu Borade & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 15397 OF 2019 Bhagu Khandu Bhalsing
...Petitioner
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 23223 OF 2019 Muktabai Shankar Kudale
...Petitioner
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 25277 OF 2019 Chindhu Rambhau Deshmukh (Decd.) Through LHR Ashok Chindhu Deshmukh
...Petitioner
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 25278 OF 2019 Narayan Rambhau Jadav & Ors
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
2/7
3/7 WITH WRIT PETITION (STAMP) NO. 26654 OF 2019 Pandit Kondiba Hole & Anr
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 26656 OF 2019 Nanasaheb Dagadu Shinde & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO. 26711 OF 2019 Gopal Kisan Dangle & Ors.
...Petitioners
V/s State of Maharashtra & Ors.
...Respondents
Mr. Gaurav Potnis i/b. Pallavi Potnis for the Petitioners in all WPs. Y. D. Patil, AGP for the Respondent in WPST/27523/2019, WPST/27610/2019 & WPST/23223/2019 S. S. Bhende, AGP for the Respondent in WPST/27522/2019 & WPST/26656/2019 P. N. Diwan, AGP for the Respondent in WPST/27541/2019 & WPST/ 25277/2019.
G. U. Shinde, AGP for the Respondent in WPST/27542/2019 & WPST/26711/2019 R. S. Pawar, AGP for the Respondent in WPST/27605/2019 & WPST/ 26654/2019 N. C. Walimbe, AGP for the Respondent in WPST/27609/2019 & WPST/25278/2019.
V. S. Gokhale "B" Panel Advocate for the Respondent in WPST/27606/2019 & WPST/15397/2019 CORAM :
A. A. SAYED & PRAKASH D. NAIK, JJ.
DATED :
18th October, 2019 P.C.:
1.
The subject matter of the Petitions relate to project afected 3/7
4/7 persons of Bhama Askhed Project.
2.
Learned Counsel for the Petitioners states that the case of the Petitioners would be covered by the order dated 27th October 2016 in Review Petition (Stamp) No.34787 of 2015 (The Collector of Pune and others Vs. Sakharam Tukaram Shivekar and another) and the order dated 27th August 2018 in Writ Petition No.3087 of 2016 (Govind Mahadu Jadhav (decd) through Lrs. Vs. State of Maharashtra and others).
3.
Learned AGP does not dispute this position.
4.
In the circumstances, we pass the following order :
ORDER
(i) We direct the Deputy Collector (Resettlement), Pune to examine the cases of the Petitioners with a view to ascertain whether they are project afected persons as claimed by them and whether they are entitled to allotment of lands under the provisions of the Maharashtra Project Afected Persons Rehabilitation Act, 1999 or under similar enactments;
(ii) We direct the Petitioners to appear before the Deputy Collector (Resettlement), Pune on 23rd December, 4/7
5/7 2019 at 12.30 pm. The Petitioners shall produce necessary documents in their custody along with Representations. If the Petitioners are not in possession of all the documents, the Deputy Collector (Resettlement), Pune shall grant time of three months to them to produce the relevant documents from the date fixed for appearance;
(iii) In the event, the Petitioners produce evidence to show that their Applications for grant of heirship certificate/succession certificate/probate/letters of Administration are pending, on being satisfied that such Applications are pending, the Deputy Collector (Resettlement), Pune shall extend the time of three months provided in this order and shall grant a reasonable time to enable the Petitioners to obtain necessary grant from the concerned Court;
(iv) We direct the Deputy Collector (Resettlement), Pune to consider documents and to pass an order recording brief reasons. The order shall be passed within a period of three months from the date on which time granted to the Petitioners to produce documents expires. 5/7
6/7 A copy of the order passed by the Deputy Collector (Resettlement), Pune shall be served upon the Petitioners; (v) If the Deputy Collector (Resettlement), Pune is satisfied that the Petitioners are the project afected persons or legal representatives of the project afected persons and/or otherwise are entitled to allotment of a land, the State shall ensure that the Collector or appropriate authority of the State immediately issues a notice to the Petitioners under clause (a) of sub-section
(2) of Section 16 of the Maharashtra Project Afected Persons Rehabilitation Act, 1999. Notices shall be issued either by RPAD and/or by hand delivery;
(vi) It will be open for the Petitioners to communicate their willingness to accept the grant of a land within a period of 45 days from the date of receipt of such notices from the Collector/ Competent Authority;
(vii) The Petitioners shall deposit with the Collector (Settlement), Pune, 65% amount of the compensation received by them or their predecessors for the land acquired from them or the likely cost of the land granted to them, whichever is less at the time of payment of such 6/7
7/7 compensation to the Petitioners;
(viii) Needless to add that adjudication will be made by the Deputy Collector (Resettlement), Pune in the light of the discussion made in this order. We clarify that the Petitioners will not be required to produce evidence to show that Applications under sub-section (1) of Section 16 of the said Act have been made either by them or by their predecessors. We also clarify that even assuming that the Petitioners or their predecessors in title have made statements before the Land Acquisition Ofcer stating that they are not interested in allotment of alternate land, such statements shall not amount to waiver of their right of allotment of land by way of Rehabilitation.
5.
The Writ Petitions to stand disposed of in the above terms. (PRAKASH D. NAIK, J.) (A.A.SAYED, J.) 7/7