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Bombay High CourtWP/11068/2021disposed off

Yogita Vidhyadhar Jadhav v. The State Of Maharashtra And Others

2021-10-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11068 OF 2021 Yogita Vidhyadhar Jadhav .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Shrimant Mundhe, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondents/State. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 05th October, 2021.

PER COURT:- .

The application of the petitioner for issuance of Project Affected Certificate (PAP Certificate) is rejected.

2.

The learned counsel for the petitioner submits that this Court had directed the authorities to issue notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '

Act of 2013'). The same is not issued. The petitioner is not at fault. The petitioner is entitled for PAP Certificate.

3.

No award has been passed under the Land Acquisition Act, 1894.

2 925-wp 11068-2021.odt 4.

This Court had directed the respondents to issue notification under Section 11 of the Act of 2013 in a writ petition filed by the petitioner. The same is not issued. The petitioner has filed contempt petition. In absence of the acquisition, the authorities certainly could not have issued PAP certificate.

5.

In the light of that, writ petition is disposed of. No costs. ( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.