STATE OF MAHARASHTRA Vs. SHANTARAM B NAWALE

JUDGEMENT

(1.) The prayer in the Civil Application is for modification of an order dated 17 July 2012 passed by a Division Bench consisting of Hon'ble Mr.Justice S.A. Bobde (as His Lordship then was) and Hon'ble Mrs. Justice Mridula Bhatkar and for an extension of time for issuance of a notice under Section 16(2)(a) of the Maharashtra Resettlement of Project Affected Persons Act, 1999 by a period of six months.

(2.) The Division Bench delivered a judgment dated 17 July 2012 on a batch of matters where the Petitioners were owners of agricultural lands which were acquired for the Bhama Askhed Project. The Division Bench observed that it was not disputed that: (i) The lands were acquired by the State Government for submergence in the Bhama Askhed Project; (ii) The Petitioners were not given any notice by the Collector informing them of their entitlement to get alternate land; and (iii) The Petitioners were not given notice under Section 16(2)(a) of the Act. The Petitioners were denied a right to get alternate land on the ground that they had not deposited sixty-five per cent of the amount of compensation within a time limit of forty five days. The Petitions were disposed of with the following directions:

(3.) A Civil Application has been taken out by the State. The ground in the Civil Application is that a search has revealed that some of the Petitioners "had given up their right to claim lands" and that at the time of the payment of compensation, it seems from the record that the offer of payment of sixty-five per cent compensation for obtaining alternate land was given to each project affected person and his statement was recorded whether or not he is willing to deposit the amount. It has been stated that in the project, 111 project affected persons deposited sixty-five per cent of the amount while the rest had given a statement to the effect that they do not want alternate land and 315 such statements were found in the record of the Special Land Acquisition Officers. On this ground, it has been prayed that the order of the Division Bench dated 17 July 2012 be modified and an extension of time for issuance of notices under Section 16(2)(a) be allowed.