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Bombay High CourtWP/2962/2017dismissedrule discharged

Milind S/O Gautam Wasnik v. Collector (Rehabilitation), Nagpur And Others

2019-02-06Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Vinay Joshi2 pages

0602wp2962.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2962 of 2017 Milind s/o Gautam Wasnik

Versus

Collector (Rehabilitation), Nagpur, and others. Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri M.V. Mohokar, Advocate for Petitioner.

Ms N.P. Mehta, Assistant Government Pleader for Respondent No.1.

Shri A.D. Mohgaonkar, Advocate for Respondent No.2. Shri B. Lahari, Advocate for Respondent No.3. Coram : R.K. Deshpande & Vinay Joshi, JJ.

Dated : 6th February, 2019 The land belonging to the grandmother of the petitioner was acquired for the purposes of the respondent No.2Maharashtra State Power Generation Co. Ltd. The respondent No.3- Rakesh s/o Bhimrao Wasnik was granted certificate as Project Affected Person on 3-8-1995. On the basis of this certificate, he was granted order of appointment on 22-1-1997. This petition is filed in the year 2017 on the ground that the respondent No.3 was not at all related to the petitioner and, therefore, an enquiry should be made and the certificate issued along with the order of appointment should be quashed and set aside. The explanation is that in the year 2013, the petitioner attained majority and became entitled to claim issuance of certificate as Project Affected Person.

0602wp2962.17.odt In view of the factual position narrated above, we dismiss this petition on the ground of delay and laches. Liberty is granted to adopt such remedies, as are permissible in law. (Vinay Joshi, J.) (R.K. Deshpande, J.) Lanjewar