DNYANU BHIKU TANPURE Vs. SHANKAR ABAJI KSHIRSAGAR

JUDGEMENT

(1.) Both these petitions under Article 226 of the Constitution of India are praying for similar reliefs. For convenience, we note the prayers as made in Writ Petition No.8192 of 2022 which reads thus:

(2.) The petitioners claim to be the project affected persons. Insofar as the first petition is concerned, the petitioner therein is claiming rights qua the land in question through his predecessor Dnyanu Bhiku Tanpure. Insofar as the petitioner in the second petition is concerned, it is contended that he is claiming rights in respect of the land in question through his predecessor Shankar Abaji Kshisagar. It is contended that they hold lands at Village Wada, Tq. Khed, District Pune. The details of which are set out in both the petitions in paragraph No.2.

(3.) The contention of the petitioners is that the lands of the predecessors were acquired for Chaskaman Irrigation Project, in respect of which the land acquisition award was rendered on 21/3/1989 and 31/3/1989 respectively. The case of the petitioners is to the effect that they would be entitled to alternate land. The petitioners have made specific averments in the petitions that petitioners have never received a notice under Sec. 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (for short the "1999 Act"). It is their contentions that after passing of the award the respondents particularly the Collector, ought to have prepared proposals in one or more stages from time to time as the circumstance may require for rehabilitation of the affected persons from the affected Zone under the project, and publish a notice containing such proposals. However, no such proposal was prepared.