DURGA Vs. COLLECTOR

JUDGEMENT

(1.) Since a common issue arises in all these writ petitions, they are being decided together by this common judgment.

(2.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(3.) The lands of the petitioners came to be acquired by the respondent No.2- Maharashtra State Power Generation Co. Ltd. ('the Company' for short) for the purposes of laying down a pipeline for disposal of fly-ash of Khaperkheda Thermal Power Station. After following the procedure prescribed by the Land Acquisition Act, 1894, an Award came to be passed on 8/2/2013. The petitioners applied for grant of Project Affected Person certificate with the Company. The Company informed the respondent No.1- Collector that no other person from the family of the petitioners had been granted employment with the Company. The Collector however refused to issue the certificate indicating that the petitioners were project affected on the ground that the land in question that had been acquired was less than 0.20 HR and in view of the Government Resolution dtd. 3/5/2010, there was no entitlement to seek such certificate. Being aggrieved by the aforesaid refusal, the petitioners have approached this Court.