YASHWANT BARKU DONHE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioner's father was project affected person, whose agricultural land at Mouje Bhugaon, Taluka Mulshi, District Pune, was acquired for the purpose of Veer Baji Pasalkar Dam and in lieu thereof was allotted a land at Mouje Manjari, Taluka Haveli, District Pune, admeasuring 80 Ares out of Gat No. 50/ 1K/2 (for short "the said land") hy an order dated 31st December, 1987. By this writ petition, the petitioner has impugned the orders dated 19th December, 1989 and 26th October, 1999 passed by the respondent No. 1 Additional Commissioner, Pune Division, Pune, deleting the said land at Mouje Manjari from acquisition, and consequently, setting aside the order dated 31 st December, 1987 of the allotment in favour of the petitioner's father of the said land.

(2.) Rule was issued on 23rd January, 2002. The respondent Nos. 1 to 4 appeared and are represented by the Additional Government Pleader. learned Advocate Shreepad Deshmukh filed appearance on behalf of respondent No. 5. Affidavit-in-reply of Mr. Suraj D. Mandhre, District Resettlement Officer, Pune - respondent No. 2 herein was tendered.

(3.) Material facts laid bare in para nos.3 and 4 of the affidavit-in-reply dated 25th January, 2001 of Mr. Suraj D. Mandhre, District Resettlement Officer, Pune, concerning the matter in issue are reproduced hereinbelow :-