Moreshwar S/O Jaidev Kalamkar v. State Of Maharashtra Through Secretary, Rehabilitation Ministry At Mumbai And Others

2509mca1100.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO.1100/2017 IN WRIT PETITION NO.3898/2017 (D) Moreshwar s/o Jaidev Kalamkar ...Versus...

State of Maharashtra, through Secretary, Rehabilitation Ministry at Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.G. Meshram, Advocate for petitioner Ms N.P. Mehta, AGP for respondent nos.1 to 4 CORAM : B.P. DHARMADHIKARI AND ARUN D. UPADHYE, JJ.

DATE : 25.09.2017 1.

Prayer is to recall order dated 4/9/2017. We are satisfied that learned Counsel was prohibited by sufficient reasons from appearing in the matter. Hence, the order is recalled, as learned Counsel has agreed to argue the writ petition for admission.

2.

Misc. Civil Application is disposed of. No costs. WRIT PETITION NO.3898/2017 1.

Heard.

2.

Submission is, after objections were raised to notification under Section 4 of the Land Acquisition Act, 1894 the

2509mca1100.17.odt petitioner was not given any opportunity of hearing. Pleadings in petition are insufficient to note such challenge. On the contrary, in petition, effort is to show that fair opportunity was not given. 3.

Emphasis in petition is on fact that petitioner has become landless and therefore, he needs to be rehabilitated. On 20/10/2016 petitioner also has made a representation for that purpose. However, scheme for rehabilitation, if any, has not been pointed out.

4.

It appears that petitioner has suffered land acquisition on two occasions and has become landless. 5.

We, therefore, grant him opportunity to make proper representation for alternate land or for rehabilitation as per scheme, if any, in this respect.

6.

If such representation is made within four weeks from today, the competent authority shall consider it as per law in next three months.

7.

With liberty to petitioner to approach again if his grievance is not redressed thereafter, we dispose of writ petition No costs.

JUDGE JUDGE Wadkar