TATOBA RAMA CHAVAN Vs. OLLECTOR, KOLHAPUR DISTRICT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the Petitioner, has prayed for the following reliefs:-

(2.) It is the Petitioner's case that her (late) father owned land admeasuring 1H. 0.49R. from Gat number 166 at Village Bambarde. The said land was acquired in 1983 under the Land Acquisition Act for constructing dam and, in lieu thereof, 0.60R land was allotted at Village Ekondi. As per the Maharashtra Project Affected Persons Rehabilitation Act, 1999, her late father was entitled to 1H. 0.20R. land whereas only 0.60R. land was allotted. Therefore, she is entitled to balance 0.60R. Land, which she had claimed vide application dtd. 17/1/2020 and, till today, she has not been allotted the shortfall land of 0.60R. nor her application dated 17 th January 2020 is considered till date.

(3.) The Respondents have contended that this petition is not maintainable on account of gross delay and laches inasmuch as the Petitioner is seeking benefits under an award made under the Land Acquisition Act in the year 1983 and there is no explanation for making an application in the year 2020, which is after a period of 37 years of passing the award. It is further contended that even if the year 1999 is considered, the application made to Respondent No.1 is after more than 20 years and which delay has not been explained. It is, hence, contended that the petition be dismissed on account of gross delay.