LAWS(BOM)-2023-7-279

KALURAM MAHADU JADHAV Vs. DEPUTY COLLECTOR

Decided On July 26, 2023
Kaluram Mahadu Jadhav Appellant
V/S
DEPUTY COLLECTOR Respondents

JUDGEMENT

(1.) The petitioners in these two petitions are seeking reliefs in respect of the same land, and in this regard the orders passed by the Revenue authorities exercising powers under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (for short, the "said Act"), are the subject matter of challenge in the present proceedings.

(2.) The petitioners in both the petitions are claiming to be project affected persons of an irrigation project known as "Bhama Aaskhed Project" (for short, the "said project"). They claim that being project affected persons falling under the provisions of the said Act, they were entitled for grant of an alternate land on account of the submergence of their land as originally owned by the petitioners, which were acquired for the purpose of the said project. The claim is thus that they have become landless although they had received land acquisition compensation, however, they opted for benefits of allotment of alternate land as per the provisions of the said Act.

(3.) At the outset, it is required to be noted that Shri Rajaram Abasaheb Deshmukh (for convenience referred to as "Rajaram"), who is respondent no.2 in the first writ petition, has filed the companion writ petition being Writ Petition No. 2876 of 2022 praying that he be put in possession of the land, as he was legitimately allotted the land in question. It needs to be noted that both the petitions were heard together by a co-ordinate bench of this Court and by a judgment and order dtd. 29/4/2022, these petitions were disposed of in terms of the following operative order passed by this Court:-