SHRIKRISHNA MAHADEV KOKANE Vs. DEPUTY COLLECTOR, REHABILITATION

JUDGEMENT

(1.) By this Petition, the Petitioners seek directions to the Respondents to issue Notice under sec. 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 ("the Rehabilitation Act") and to allot the Petitioners land in the beneficial zone of the said irrigation project, upon the Petitioners communicating their willingness and depositing 65% of the amount of compensation received by them.

(2.) The Petitioners claim to be owners of land bearing Gat No.269 (Survey No.108), admeasuring 0H 27 R, and Survey No.90/7, admeasuring 0H 46.2R, both situated at village Supedhar, Taluka Ambegaon, District Pune. The Petitioners' lands were acquired vide Awards dtd. 3/1/1972 and 30/3/1977.

(3.) Ms. Harpale, learned Advocate appearing for the Petitioners, submitted that the provisions of the Rehabilitation Act are applicable to Dimbe Irrigation Project and the Petitioners are therefore entitled to alternate land by way of rehabilitation. According to her, the Project Affected Person ('PAP') does not forfeit the right to claim alternate land merely because no Notice under Sec. 16(2)(a) has been issued. She submitted that upon the issuance of such Notice, the PAP is required to communicate acceptance within 45 days from its receipt and that the fact that, the PAP did not deposit 65% of the compensation amount is immaterial.