Pritam Murlidhar Ughade v. Ntpc Limited, Mouda Thr. General Manager, Mouda Super Thermal Power Project And ORS.

2024:BHC-NAG:8520-DB 1 wp3311.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 3311 OF 2024 ( Pritam Murlidhar Ughade ..vs.. NTPC Ltd., Mouda and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Alok Daga, Counsel for the petitioner, Mr. D.P. Thakare, Addl.G.P for respondent Nos.4 and 5. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 05-08-2024 In Writ Petition No.6490/2019 preferred by the petitioner directions were issued as under :- "For aforesaid reason, the following directions would meet the ends of justice :

(i) The communication dated 27-3-2019 issued by the Deputy Collector, Project Officer, National Thermal Power Corporation, Mouda and Deputy Collector (Rehabilitation), Nagpur is set aside. Consequently the project affected person certificate issued to the petitioner shall stand restored. (ii) The Deputy Collector shall issue a notice to the petitioner if it proposes to cancel the project affected persons certificate standing in the name of the petitioner. After seeking the petitioner's explanation, necessary decision in that regard shall be taken.

(iii) The question as regards the benefit of Section 6(c) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 and whether such benefit can be granted to the petitioner shall also be examined by the respondent No.5.

(iv) All aforesaid steps be taken expeditiously and decision be taken in accordance with law.

2 wp3311.24 (v) Rule is made absolute in aforesaid terms with no order as to costs."

2.

We are informed that the Deputy Collector, Rehabilitation Officer, Nagpur has heard the petitioner almost about a year back. However, till this date the order is not communicated.

3.

In this background, after having heard the learned Additional Government Pleader Mr. D.P. Thakare, we dispose of the petition with directions to the petitioner to appear before the very said officer on 19-8-2024. 4.

Since the order is neither communicated nor passed by the said officer in compliance of the order of this Court within the reasonable period of last hearing, it will be appropriate to direct that the said officer shall grant rehearing to the petitioner on the date of his appearance within a period of two weeks thereafter. 5.

We further direct the said officer to pass a fresh order in the matter within a period of four weeks from the date of hearing and communicate the same to the petitioner.

6.

Petition stands accordingly partly allowed.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar