Munesh S/O Dayaram Radake And Others v. State Of Maharashtra, Thr. Principal Secretary, Revenue And Forest Dept., Mumbai And Others

2024:BHC-NAG:8648-DB 1 40 WP-4246-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.4246 OF 2023 [Munesh Dayaram Radake and Ors. .Vs. State of Maharashtra and Ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr V. R. Baseshankar, Advocate for Petitioners. Mr A. S. Fulzele, Addl. G. P. for Respondent/State. Mr P. J. Mehta, Advocate for Intervenor.

CORAM

: AVINASH G. GHAROTE AND M. W. CHANDWANI, JJ.

D ATE : 7 th AUGUST, 2024 .

.

Heard.

2.

It is not in dispute, that the land of the petitioner No.3 was acquired, in pursuance to which, a certificate was issued on 17.01.2000, declaring the petitioner No.3 is a project affected person. The petitioner No.2, who is the grandson of petitioner No.3, seeks benefit of the said certificate, for the purpose of securing employment.

3.

Learned Additional Government Pleader has rightly pointed out, that under the scheme framed under the Government Resolution dated 18.06.2013, monetary compensation in lieu of employment was offered, which has been accepted by the petitioner No.3, on account of which, the petitioner No.3 has already received a sum of Rs.2,90,000/- on 13.11.2013 (page 68). The receipt of this is not disputed by the petitioners.

TAMBE

2 40 WP-4246-2023.odt 4.

That being the position, claim of the petitioner No.2, for transfer of the PAP certificate in his favour, from the name of the petitioner No.3, cannot be entertained. No subsequent change in policy, to indicate return of the amount for the purpose of granting employment, has been pointed out. The petition is, therefore, dismissed. No costs.

(M. W. CHANDWANI, J.) (AVINASH G. GHAROTE, J.) TAMBE