Late Bhiwa Sakhu Yelve ( Jadhav) Thru Lr Anusaya Kondiba Jadhav ) v. The District Collector, Satara And ORS

Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14397 OF 2018 Late Pandu alias Dhondiba Savala Niman (Pawar) (through legal heir-Ramesh Dagadu Pawar) WRIT PETITION NO. 14412 OF 2018 Late Krushna Subhana Yelve (Jadhav) (through legal heir-Kisan Raghunath Jadhav) WRIT PETITION NO. 859 OF 2019 Late Daulati Vithu Savant (through legal heir-Sakharam Raghunath Savant) WRIT PETITION NO. 860 OF 2019 Late Shiva Arjun Goigada (Jadhav) (through legal heir-Laxman Shivram Jadhav) WRIT PETITION NO. 861 OF 2019 Late Bhiwa Sakhu Yelve (Jadhav) (through legal heir-Anusaya Kondiba Jadhav) WRIT PETITION NO. 862 OF 2019 1/6

Late Babu Rama Savant (through legal heir-Jijabai Babu Savant) WRIT PETITION NO. 863 OF 2019 Late Ramchandra Ganpat Savant (through legal heir-Ganpat Ramchandra Savant) WRIT PETITION NO. 864 OF 2019 Late Govind Raoji Savant (through legal heir-Kusum Raghunath Savant) WRIT PETITION NO. 865 OF 2019 Krushna Laxman Savant WRIT PETITION NO. 887 OF 2019 Late Dagadu Kondiba Niman (Pawar) (through legal heir Dhondiba Dagadu Niman WRIT PETITION NO. 888 OF 2019 Rama Tatya Savant WRIT PETITION NO. 1695 OF 2019 2/6

Late Balu Bhamnak Mahar (through legal heirs Dagadu Balu Kambale) WRIT PETITION NO. 1683 OF 2019 Late Rama Devji Mahar (through legal heirs Bhagabai Jagannath Kamble) WRIT PETITION NO. 1684 OF 2019 Late Sonya Gunaji Mahar (through legal heirs Sushila Thorawade) WRIT PETITION NO. 1685 OF 2019 Late Bhiva Devaji Mahar (through legal heirs Swapnil Sharad Kambale) WRIT PETITION NO. 1686 OF 2019 Late Rawaji Jyoti Sawant (through legal heirs Sadashiv K. Sawant) WRIT PETITION NO. 1687 OF 2019 Late Naki (Gangabai) Ramchandra Shinde (through legal heirs Manohar R. Shinde) 3/6

WRIT PETITION NO. 1688 OF 2019 Late Chandra Vithu Mahar (through legal heirs Deepak S Kambale) WRIT PETITION NO. 1689 OF 2019 Late Jaysinghrao Sakhojirao Salunkhe (through legal heirs Suresh B Salunkhe) WRIT PETITION NO. 1690 OF 2019 Late Koyaji Krushna Mahar (through legal heirs Ladibai G Kambale) WRIT PETITION NO. 1696 OF 2019 Late Krushna Sadhu Mahar (through legal heirs Bayaji Krushna Kambale) WRIT PETITION NO. 1697 OF 2019 Late Ganpat Kondi Mahar (through legal heirs Shantabai Vitthal Sapkal) WRIT PETITION NO. 1698 OF 2019 Late Raoji Krushna Sutar (through legal heirs Hariba Raoji Sutar) 4/6

WRIT PETITION NO. 1699 OF 2019 Late Daji Krushna Sutar (through legal heirs Ramu Daji Sutar) Mr. N. P. Deshpande for the Petitioner in All the Petitions. Mrs. P. N. Diwan, AGP for the Respondent-State. CORAM : R. M. BORDE & V. L. ACHLIYA, JJ.

DATE : 12 th FEBRUARY, 2019.

P. C. :

1.

The above Writ Petitions can be disposed of in terms of directions issued by the Division Bench of this Court in Public Interest Litigation No. 171 of 2014 decided on February 13, 2017. The Petitioners claim to be project affected persons, whose lands were acquired. It is the contention of the Petitioners that in spite of constant persuasion, no steps have been taken by the Respondents for granting the benefits under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. In similar situation, while dismissing the Public Interest Litigation No. 171 of 2014 certain directions are issued. These Petitions can be disposed of conveniently by issuing similar directions. Hence, the order:

O R D E R

(i) We direct the Deputy Collector (Resettlement), Raigad to examine the cases of the project affected persons herein with a view to ascertain whether they are project affected persons as claimed by 5/6

them and whether they are entitled to allotment of lands under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999.

(ii) We further direct that the Petitioners to appear before the Deputy Collector (Resettlement), Raigad on 05.03.2019 and produce necessary documents along with their Representation claiming benefits. In the event of request made by the Petitioners for grant of time to enable them to furnish the documents, it would be open for the Deputy Collector to grant further time after considering their Representations together with necessary documents.

(iii) The Deputy Collector (Resettlement), Raigad shall pass appropriate orders as expeditiously as possible preferably in the period of six months from the date of appearance of Petitioners before the concerned authority.

(iv) In the event, the Deputy Collector (Resettlement), Raigad upholds entitlement of Petitioners for allotment of land, it would be necessary for the said authorities to take further steps in pursuance of the decision and necessary steps shall be taken as early as possible and preferably within six months from the date of such decision.

2.

In view of the above directions, Writ Petitions are disposed of. [V. L. ACHLIYA, J.] [R. M. BORDE, J.] 6/6