LAWS(BOM)-2023-1-177

HANUMAN RAMAJI CHIKANKAR Vs. STATE OF MAHARASHTRA

Decided On January 02, 2023
Hanuman Ramaji Chikankar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(2.) By the present writ petition, the petitioner prays for quashing and setting aside the order dtd. 30/07/2020 passed by respondent No. 2-Collector and issuance of direction against respondent No. 2 for issuance of certificate of 'Project Affected Person'. The petitioner further prays for issuance of direction against respondent Nos. 3 and 4 to provide him employment in Class-III or Class-IV category on compassionate basis by considering his qualification.

(3.) The grievance of the petitioner is that in the year 1980, the respondents acquired the land bearing Survey No. 127/2, admeasuring 1.28 HR of his father for the project of respondent No. 4 for aerial rope-way from Kamptee to Koradi and respondent No. 3-Power Generation Company formulated a policy for providing employment to one person from project affected persons due to acquisition of land and respondent No. 2-Collector, Nagpur is the competent and authorized person for issuance of certificate under Sec. 5 (c) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (hereinafter referred to as 'Act' for the sake of brevity). Although the respondents acquired the land of the petitioner's father for the project of respondent No. 3, respondent No. 2-Collector refused to issue 'Project Affected Certificate' to the petitioner. Therefore, the petitioner had filed Writ Petition No. 2996 of 2011 before this Court. On 06/02/2020, the said petition came to be disposed of with the following directions: