Kamalbai Gulabrao Awatirak And Another v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:29081-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 WRIT PETITION NO. 13385 OF 2024 KAMALBAI GULABRAO AWATIRAK AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.E.S.Potdar, Advocate for the petitioners.

Ms.V.N.Patil-Jadhav, AGP for the respondent/State. Mr.T.S.Lodhe h/f Ms.Yogita S.Thorat, Advocate for respondent No.4. ( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : DECEMBER 9, 2024 PER COURT :

1.

Heard both the sides. The petitioner is challenging the decision of the respondent / Rehabilitation Officer dated 11.11.2024, rejecting his application seeking certificate of Project Affected Person (PAP) under the Maharashtra Project Affected Persons Rehabilitation Act, 1999, pursuant to Section 5, only on the ground that the application has been moved after 30 years of publication of a notice u/s 4 of the Land Acquisition Act, 1894.

2.

The issue has not been res-integra, in the light of several khs/Dec.2024/13385

- 2 - Division Bench observations of this Court, expressly pointing out that there is specific provision for making the applications within a stipulated time.

3.

We, therefore, allow the petition partly, quash and set aside the impugned order and direct respondent No.3 to decide the petitioner's application on its own merits, as expeditiously as possible, and in any case within 6 weeks, but he shall not reject it on the ground mentioned in the impugned order.

( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Dec.2024/13385