NAMDEO TUKARAM KUTTARWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The matter is taken up for final hearing with the consent of the parties.

(2.) Petitioner's land bearing Survey No. 5 to the extent of 2 H 40 Ares situated at village Mahinda, Tq. Ashti, Dist. Aurangabad was acquired by the State of Maharashtra for the purpose of construction of village tank. Petitioner received compensation in respect of the acquired land. The petition was owning the said property as joint family property. Petitioner contends that the petitioner's elder brother Sakharam Uttarwade received a notice from the Special Land Acquisition Officer.

(3.) Petitioner's son is in service of Zilla parishad. His grand son Sanjay completed d. Ed and is in need of service. Therefore, the petitioner had applied for issuance of certificate as Project Affected Person to the office of respondent No. 2. Respondent No. 2 passed an order rejecting said application on the ground that certificate cannot be issued as the land was acquired for village tank. This communication of the respondent No. 2 is impugned in this petition.