Pravinkumar S/O Vishwambhar Deokate And Another v. The Collector And District Rehabilitation Officer, Akola And Another

13-WP-4245-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.4245 of 2024 Pravinkumar s/o Vishwambhar Deokate and anr.

vs.

The Collector and District Rehabilitation Officer, Akola and another. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. N. B.Kalawaghe, Advocate for petitioners. Mr.N. S. Rao, Assistant Government Pleader for respondent nos.1 & 2. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 5th AUGUST, 2024 Heard Mr. Kalawaghe, learned counsel for the petitioners. 2.

It is the contention of the learned counsel appearing for the petitioners that the petitioner no.2 was issued certificate of project affected person based on the acquisition of 1983 vide Certificate dated 10.10.1990. According to him, 0.59 Hectares of land was acquired vide Award dated 23.03.1998 which was owned by the petitioner no.2. The said being the second acquisition and the petitioner no.1 being the son of petitioner no.2 is entitled for the certificate of project affected person irrespective of the certificate held by the petitioner no.2 which was against the acquisition of 1983.

3.

The fact remains that the date of birth of the petitioner no.1 for whom the certificate is sought to be issued is 24.07.1991. As on today, he is around 33 years of age.

4.

We are of the view that if the petitioner no.1 on being attaining the majority was entitled for such benefits, he could have applied well within reasonable time which he failed to do. 5.

At this stage, Mr. Kalawaghe, learned counsel for the petitioners seeks time of two weeks to prepare and address the Court on the aforesaid issue.

6.

Stand over to 19.08.2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 05/08/2024 18:16:06 Andurkar.