SURESH MAHADEORAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties and the learned A.G.P. for the State.

(2.) Rule. Taken up for hearing forthwith by consent of counsel.

(3.) The petitioner challenges an order passed by the District Rehabilitation Officer ("D.R.O.") purportedly under Section 16(1)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 ("PPA Act"). The application before the D.R.O. was for grant of land to respondent No. 3, who was a project affected person, whilst the petitioner herein, who was a landowner in the benefited zone, was an objector before the D.R.O. The impugned order rejects his objections and proceeds in the matter of deciding the price at which the land is to be compulsorily purchased. This order was followed by an order passed on 25th July, 2014, by which the price of the land to be allotted to the eligible affected person was fixed at Rs. 5,75,716/. The challenge is mainly on the ground that the D.R.O. has proceeded to reject the petitioner's objections and determine the price of the land to be allotted to respondent No. 3 (the eligible affected person) without there being any acquisition under Section 14 of the PPA Act read with the provisions of Land Acquisition Act ("LA Act").