Mahadeo S/O Bhedrya Sonekar And Another v. Deputy Collector (Rehabilitation), Nagpur

5-WP-6633-18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6633 OF 2018 Mahadeo S/o Bhedrya Sonekar Thr. LRs Malan M. Sonekar, Parshivani, Dist. Nagpur and anr.

-vsDeputy Collector (Rehabilitation) Nagpur ------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. S. Girdekar, Advocate for petitioners. Ms N. P. Mehta, Assistant Government Pleader for respondent. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ. DATE : July 20, 2022 P.C.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

Land bearing Survey Nos.117 and 152 situated at village Bhakhari, Tal. Parshivani, Dist. Nagpur was acquired for construction of Ash band of Khaparpheda Thermal Power Station. The original petitioner No.1 who is the owner of the aforesaid land was issueless and during pendency of this writ petition he expired. His widow has been brought on record as petitioner No.1(a). The petitioner No.2 is the grandson of brother of petitioner No.1 namely Soma. The original petitioner No.1 had moved an application on 11/07/2017 seeking issuance of Project Affected Person's certificate in the name of petitioner

5-WP-6633-18 2/2 No.2. This request has been rejected by the Deputy Collector in view of provisions of Government Resolution dated 22/05/1996. According to that Government Resolution, the relationship of petitioner No.2 with the original petitioner No.1 was such that the benefit could not be granted.

Considering the fact that such application was made seeking issuance of certificate in the name of petitioner No.2 and as the petitioner No.1 was never issued such certificate during his life time, the interests of justice would be served by permitting the petitioner No.1(a) who is the widow of original land owner to apply for Project Affected Person's certificate in her own name and then seek to transfer the same in favour of petitioner No.2 in the light of Government Resolution dated 02/05/2016.

Hence with liberty to the petitioner No.1(a) to make an application for issuance of such Project Affected Person's certificate to the respondent, the writ petition is disposed of. If such application is made to the respondent, the same shall be considered expeditiously in accordance with law. Rule stands disposed of in aforesaid terms. No costs. ADWAIT BHANDAKKAR 17:41:28 (Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.) Asmita