Devji Ganu Shelar Since Deceased Throu. L.H v. The Addl Collector And ORS
2025:BHC-AS:21466-DB Revati
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
(17) WRIT PETITION NO.12973 OF 2024 Keru Raghu Mahar ... Petitioner
Versus
Deputy Collector Rehabilitation and Ors.
... Respondents WITH
(18) WRIT PETITION NO.13443 OF 2024 Anubai Raoji Kadam ... Petitioner
Versus
Additional Collector Satara and Ors.
... Respondents WITH
(19) WRIT PETITION NO.13444 OF 2024 Bhimabai Dhondiba alias Dhondi Sakpal ... Petitioner
Versus
Additional Collector and Ors.
... Respondents WITH WP 13231/2024, WP 13235/2024, WP 13241/2024, WP 13238/2024, WP 13237/2024, WP 13232/2024, WP 13240/2024, WP 13236/2024, WP 13234/2024, WP 13233/2024, WP 13275/2024, WP 13272/2024, WP 17577/2024, WP 13271/2024, WP 13273/24, WP 13274/2024, WP 13445/2024, WP 13446/2024, WP 13448/2024, WP 13447/2024, WP 13276/2024 WITH WRIT PETITION NO.12972 OF 2024 Rajaram Balu(Bala) Sonar ... Petitioner
Versus
Deputy Collector Rehabilitation Raigad ... Respondents
___________________________________________________ Ms Kanchan Phatak i/by Mr N P Deshpande, for Petitioner. Mr B V Samant, Addl. GP a/w Mr R S Pawar, AGP for State. Mr R S Pawar, Mr S H Kankal, Mr P J Gavhane, Ms S R Crasto, Mr R S Pawar, Ms V R Raje, Mr A R Deolekar, Ms M S Bane AGP for the State.
______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ.
DATED : 9 May 2025 PC:- 1.
Writ Petition No. 12972 of 2024 not on board. Upon mentioning taken on board.
2.
Heard learned counsel for the parties.
3.
Ms. Phatak learned counsel for the Petitioner states that the Petitioners are all project affected persons. She states that their lands were acquired in the Koyna Hydro Electric Project. However, they have not been rehabilitated till date. Ms. Phatak submits that all these Petitioners have made applications/representations to the Appropriate Authority for rehabilitation. However, such applications are not being attended to. Hence, the Petitioners seeks a Writ of Mandamus directing the Appropriate Authority to consider and dispose of such applications in accordance with law in the timebound manner.
4.
Learned AGPs who appeared in these matters submits that this Court has appointed High Power Committee to look into such cases. The High Power Committee is on the verge of
submitting its report which will recommend the constitution of the permanent mechanism to deal with these type of cases. 5.
Accordingly, we direct the concerned authority/officials to consider and dispose of the Petitioners application/ representations as expeditiously as possible and in any event, within six months from today. We are deliberately giving more time because if in the meanwhile, the permanent mechanism is constituted, then, the Petitioners applications/ representations can be considered by that authority or body. 6.
At the request of learned AGPs, we record that this direction should not be construed as a direction assisting the revival of stale claim. The application/representation will have to be considered in accordance with law and having regard of the totality of the circumstances including interalia genuineness, staleness etc. However, he assures, if there are any genuine cases, concerned authority will take them into account and act in accordance with law.
7.
With the above directions we dispose of these Petitions. All contention of all the parties are left open. 8.
All concerned must act upon the authenticated copy of this order.
(Jitendra Jain, J) (M.S. Sonak, J)