KISAN PARAJI NIMASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition arises out of rejection of petitioners request to issue a certificate as Project Affected person.

(2.) THE petitioner is an agriculturist and he possesses lands situated at village Karjune Khare, Taluka Nagar. The petitioner submits that total 5 acres and 27 gunthas lands out of Survey Nos. 241/3, 241/5, 241/7, 237/2 and 258/14 were acquired for the defence project. The Special Land Acquisition Officer No. 1, Ahmednagar, issued a certificate on 2-6-1997 stating that the petitioners land was acquired for K. K. Ranges Project. The petitioner, relying upon the said certificate, Exhibit A annexed with the petition, submits that the respondent No. 3 -District Rehabilitation Officer - is empowered to issue the certificate as Project Affected person. Petitioners application, however, was rejected for issuance of certificate as Project Affected person by communication received by him from the Tahsildar on 14-8-1994 informing that in the record of rights the entry in the name of Defence Department was entered into.

(3.) THE petitioner applied to the respondent No. 3 the District Rehabilitation Officer, Ahmednagar on 4th June 1997 for issuance of certificate as Project Affected person but his application came to be rejected by communication received by him on 12-6-1997 from the respondent No. 2 Collector and the Deputy Director of Rehabilitation (Lands), Ahmednagar. The respondent No. 2 rejected application for such certificate on the ground that such certificate cannot be issued as the acquisition was made for the purpose of ranges and the same is not covered by the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1986.