Babaji Krushna Shinde v. The Additional Collector Satara And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14347 OF 2024 Babaji Krushna Shinde .....Petitioner The Additional Collector Satara & Ors. .....Respondents WRIT PETITION NO.13867 OF 2024 Ramji Chimaji Chorge Since Deceased Through Lrs.

WRIT PETITION NO. 13853 OF 2024 Babu Dagadu Nivale Since Deceased Through Lrs.

WRIT PETITION NO. 13859 OF 2024 Rama Bhiva Waikar Since Deceased 1/9

The Additional Collector Satara & Ors. .....Respondents WRIT PETITION NO. 13857 OF 2024 Rukmini Gopal More Since Deceased WRIT PETITION NO. 13860 OF 2024 Kondiba Babaji Shelar Since Deceased Through Lrs.

WRIT PETITION NO. 13861 OF 2024 Dhondu Ganu Shela Since Deceased WRIT PETITION NO. 13851 OF 2024 Tai Kisha Shelar Since Deceased Through Lrs.

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The Additional Collector Satara & Ors. .....Respondents WRIT PETITION NO. 14016 OF 2024 Babaji Kondi Shelar Since Deceased The Additional Collector Satara & Ors. .....Respondents WRIT PETITION NO. 15857 OF 2024 Chandabai Kashiram Shinde Since Deceased WRIT PETITION NO. 13856 OF 2024 Vithabai Nama Malusare Since Deceased Through Lrs.

The Additional Collector Satara & Ors. .....Respondents WRIT PETITION NO. 13852 OF 2024 Laxman Kundalik Palande Alias 3/9

Laxman Kundalik Kadam Since Deceased WRIT PETITION NO. 13866 OF 2024 Rasool Balwant More Since Deceased Through Lrs.

WRIT PETITION NO. 13855 OF 2024 Krishna Ganu Kadam Since Deceased WRIT PETITION NO. 13901 OF 2024 Ganpat Mahadu Ahire Alias Ganpat Mahadu Sakpal Since Deceased Through Lrs.

The Additional Collector Satara & Ors. .....Respondents 4/9

WRIT PETITION NO. 13862 OF 2024 Kondiba Ganu Palande Alias Kodiba Ganu Kadam Since Deceased WRIT PETITION NO. 13858 OF 2024 Laxman Pandu Waikar Since Deceased WRIT PETITION NO.13854 OF 2024 Vithu Babu Sakpal Alias Vithu Babu Ahire Since Decd.

Thr. LRS.

WRIT PETITION NO.13864 OF 2024 5/9

Sadu Raoji Shinde (Since Decd.

Thr. LRS.) Mr. Deendayal G. Dhanure, with Mr. Shashikant Kadam, i/b Karthikeyan P. Gounder, for the Petitioners in all the Petitions. Mr. Kedar Dighe, Additional Government Pleader with Ms. M. S. Bane, AGP, for the Respondents-State in WP/14347/2024, WP /13867/2024, WP/13853/2024, WP/13859/2024, WP/13857 /2024, WP/13860/2024, WP/13861/2024, WP/13851/2024, WP 2024, WP/14016/2024, WP/15857/2024 WP/13856/2024 WP/ 13852/2024, WP/13866/2024 WP/13855/2024, WP/13901/2024, WP 13862/2024, WP/13858/2024.

Mr. Kedar Dighe, Addl.G.P., with Mr. R.S.Pawar, AGP in WP 13854/2024 and WP 13864/2024.

CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 30th JUNE 2025.

P.C.:- 1.

The Petitioners in all these Petitions seek a direction to the Additional Collector, Raigad to process the Petitioners' applications for allotment of land and if entitled, to get alternate land within a period of three weeks.

2.

Heard learned counsel for the parties.

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3.

Mr. Deendayal G. Dhanure, learned counsel appeared for all the Petitioners and Mr. Kedar Dighe, learned AGP represented the State. Mr. R.S.Pawar, learned AGP appeared for the State in Writ Petition No. 13854 of 2024 and Writ Petition No.13864 of 2024 . 4.

Mr. Dhanure states that the Petitioners are all project affected persons and their lands were acquired in the Koyna Hydro Electric Project. However, they have not been rehabilitated till date. Mr. Dhanure submits that all these Petitioners have made applications/representations to the Appropriate Authority for rehabilitation. However, such applications have not yet been decided. Hence, the Petitioners seeks a Writ of Mandamus directing the Appropriate Authority to consider and dispose of such applications in accordance with law in a time bound manner.

5.

Learned AGPs, who appear in these matters submit that this Court has appointed a High Power Committee to look into such cases. They submit that the High Power Committee is on the verge of submitting its report, which will recommend the constitution of a permanent mechanism to deal with these type of cases. 7/9

6.

Accordingly, we direct the concerned authority/officials to consider and dispose of the Petitioners' applications/representations as expeditiously as possible and in any event, within four months from today. If in the meanwhile, the permanent mechanism is constituted, then, the Petitioners' applications/representations can also be considered by that authority or body.

7.

At the request of the learned AGPs, we record that this direction should not be construed as a direction assisting the revival of a stale claim. The applications/representations will have to be considered in accordance with law and having regard of the totality of the circumstances including inter alia genuineness, staleness etc. However, the learned AGPs assure, that if there are any genuine cases, the concerned authority will take them into account and act in accordance with law.

8.

We also permit the Petitioners to place on record of the High Power Committee or any other concerned Authority, all relevant documents supporting their representation/s. They shall also be afforded a personal hearing before the Committee, if they so desire. 8/9

9.

We make it clear that we have not gone into the merits of the representations made by the Petitioners and as such, keep all contentions of all the parties on merits, open. 10.

The Petitions are accordingly disposed off in the aforesaid terms.

11.

All parties to act upon an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2025.07.03 16:29:35 +0530 SHAMBHAVI NILESH SHIVGAN 9/9