Asha Akash Bhalerao And Others v. The State Of Maharashtra Through Secretary And Others

2026:BHC-AUG:10766-DB 1 929WP2538.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO. 2538 OF 2026 Asha Akash Bhalerao And Others

VERSUS

The State Of Maharashtra Through Secretary And Others ...

Mr. Dadasaheb Raosaheb Adhav - Advocate for the Petitioner Mr. A. M. Phule - AGP for the State ...

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATED : 10TH MARCH, 2026 PER COURT : - 1.

Present petition has been filed for the following reliefs:- "B.

By issuing appropriate writ or order in the like nature the respondent authorities be directed to allot land to petitioners in view applications dated 02.05.2023 and 18.05.2023 as legal heirs of project affected person."

2.

Heard the learned Advocate for the Petitioners. The learned AGP waives service of notice for all the Respondents. 3.

The Petitioners contend that the land belonging to their grandfather, namely Sitaram Rangnath Bhalerao, admeasuring 34 acres from village Baktarpur, Taluka Shevgaon, District Ahmednagar, came to be acquired by the Government for the Jayakwadi Project. After the acquisition of the land, the Petitioners' grandfather expired. The Petitioners, being the legal heirs of the affected person, made an

2 929WP2538.2025.odt application before the Resettlement Deputy Director (Land), Ahmednagar, for allotment of land to them.

4.

Accordingly, land admeasuring 02 hectares from Gut No. 126 of village Kukana, Taluka Newasa, District Ahmednagar, came to be allotted by order dated 08.01.1985. The Petitioners were directed to deposit an amount of Rs. 1265/- towards land premium and Rs. 22/- towards allotment charges for the land allotted. Accordingly, Rs. 1287/- was deposited by the Petitioners' grandmother. However, as the land was inconvenient for cultivation, the Petitioners' grandmother did not take possession of the allotted land and instead filed an application dated 02.04.1988 before Respondent No. 4 requesting grant of alternate land. 5.

Thereafter, land admeasuring 1 hectare 62 ares out of Gut No. 244 of village Telkudgaon, Taluka Newasa, District Ahmednagar, was allotted to the Petitioners' grandmother. No notice was issued by the Respondent authorities requiring deposit of any amount towards the said land. However, it was later found that the land had already been allotted to other project-affected persons and, therefore, possession of that land was also not given.

6.

In the meantime, the Petitioners' grandmother expired on 20.05.1993. The Petitioners thereafter made applications dated 02.05.2023 and 18.05.2023, requesting Respondent No. 5 to grant land to them. They also provided the necessary specification, however, there

3 929WP2538.2025.odt has been no response. Hence, the present Petition. 7.

Taking into consideration the applications pending before the competent authority, we dispose of the Writ Petition by directing Respondent No. 4 to decide the applications dated 02.05.2023 and 18.05.2023 within a period of eight (8) weeks, if the same have not yet been decided.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 13/03/2026 11:21:15