Prashant Pradip Sonawane And ORS v. The Deputy Director Sangli And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5265 OF 2023 Prashant Pradip Sonawane & Ors.

... Petitioners

Versus

The Deputy Director, Sangli & Ors.

... Respondents ------ Mr. Gajanan M. Savagave for the Petitioners.

Mr. V.M. Mali, A.G.P. for the Respondents-State. ------ Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : 10th December 2025.

P. C. :

1.

Heard Mr. Savagave, learned counsel for the Petitioners and Mr. Mali, learned A.G.P. for the Respondents-State. 2.

The Petitioners were displaced due to enforcement of Chandoli Reserved Forest Project and fall within the meaning of the 'Project Affected Persons' under sub-section 3 of section 2 of The Maharashtra Project Affected Persons Rehabilitation Act, 1999. 3.

The Petitioners would submit that they have been allotted agricultural land and they are also put in possession under the scheme for 1 of

rehabilitation. However, so far as the land for the residential purpose is concerned, on 14th August 2017 the Petitioners have submitted their preference for allotment of land in view of the scheme that has been taken by the Respondent-Authorities.

4.

Mr. Savagave, learned counsel for the Petitioners would submit that since after submission of the 'Preference' Form, no action has been taken by the Respondent-Authorities for allotting the preferred land to the Petitioners.

5.

Mr. Mali, learned A.G.P. would submit that the RespondentAuthorities would take appropriate decision after verifying whether such land is available as on today or not.

6.

Mr. Savagave, learned counsel for the Petitioners would agree that the preferred land if already allotted to some other person(s), the Petitioners may be granted liberty to file another 'Preference' Form for suitable land.

7.

In view of this, we dispose of this Writ Petition with following directions :

(i) The Writ Petition stands allowed.

(ii) The Respondent-Authorities particularly the Respondent No.2 shall consider the Preference Form dated 14th August 2017 submitted by the Petitioners, which is at 2 of

page No.25 of the paperbook, as expeditiously as possible and within 16 weeks from today.

(iii) If the preferred land is already been allotted to some other person(s) by the Respondent No.2, then the Petitioners would be at liberty to submit another Preference Form and the same shall be dealt with by the RespondentAuthorities by giving an opportunity of hearing to the Petitioners on its own merit.

(iv) The Petitioners shall appear before the Respondent No.2 on 5th January 2026 at 11:00 a.m..

8.

Writ Petition stands disposed of in above terms. [ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.12.11 14:41:45 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of