Shantaram Kondaji Kedari (Since Deceased Through His Legal ) And ORS . v. The Deputy Collector ( Rehabilitation) And ORS.

PPN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2025.05.09 15:19:11 +0530 PRACHI PRANESH NANDIWADEKAR WRIT PETITION NO. 12505 OF 2024 Shantaram Kondaji Kedari (decd.) 1-A) Vikas Shantaram Kedari ... Petitioners

Versus

The Deputy Collector, Rehabilitation, Pune & Ors.

... Respondents ______________________________________________________ Ms. Kanchan Phatak i/by Mr. N. P. Deshpande for Petitioners. Ms. P.J. Gavhane, AGP for the respondents-State. ______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ.

DATED : 9 May 2025 PC. :- 1.

Heard Ms. Phatak for the petitioners. At her request, we grant leave to implead an additional party as 6th respondent. Amendment to be carried out within two weeks. Reverification is dispensed with. 2.

Registry to allow the learned counsel to carry out amendment during vacation.

3.

The petitioners are project affected persons. They were allotted lands by way of rehabilitation. However, the same lands were also allotted to some other persons. 4.

In the result, the petitioners are unable to make use of lands which were allotted to them.

5.

Therefore, the petitioners vide various representations have pleaded with the respondents that they be allotted some other lands by way of rehabilitation. Even these applications or representations are not being attended to. 6.

Ms. Phatak, learned counsel for the petitioners points out that the petitioners' lands were acquired some time in the year 1991. The alternate lands were allotted to them in 1997 but the same was not of use on account of allotment in favour of third party. From 1997 onwards, the petitioners have been pursuing the matter with the respondents but with no success. 7.

Ms. Phatak, now states that the petitioners would be satisfied if the directions are issued to the respondents to dispose of the petitioners' representation dated 13 January 2023 within time bound schedule.

8.

Accordingly, we direct the Secretary, Relief and Rehabilitation, Mantralaya, Government of Maharashtra (Respondent No.4) to dispose of the petitioners' representation as expeditiously as possible and in any event by 15 July 2025. The 4th respondent must communicate a reasoned order to the petitioners before 15 July 2025. Ms. Phatak has pointed out that from out of the compensation payable to the petitioners, the petitioners has paid occupancy price, still, they have not been given proper lands by way of rehabilitation.

9.

Learned AGP states that the Collector may be directed to dispose of the representation. Considering the peculiar facts

of this case, we think that representation must be attended to by the Secretary. The Secretary can always obtain inputs from the Collector and see whether the petitioner is entitle to some reliefs.

10.

The petition is disposed of in above terms without any costs order.

(Jitendra Jain, J) (M.S. Sonak, J)