RAMJAN IBRAHIM JAMADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioners are aggrieved by the acquisition of land admeasuring 81 ares from gat no.773 of Village Udgaon, Taluka Shirol, District Kolhapur, for resettlement of project affected person.

(2.) THE case of Petitioners is that they are successors of one Ibrahim Jamadar, who was the original holder of the land admeasuring 4 hectors and 78 ares. The said Ibrahim Jamadar died on 15th January,1959, leaving behind one son and the widow. The case of the Petitioners is that after the death of Ibrahim Jamadar, the land was held in equal shares as co-owners by the two Petitioners i.e. son of the deceased Ibrahim Jamadar and his widow, and on the notified date i.e. the notification under section 11 of the Maharashtra Re-settlement of project Displaced Persons Act, 1976 (hereinafter referred as the 'Re-settlement Act') i.e. 2nd November,1978, the holding of each of the two Petitioners was 2 hector and 39 ares, which was below the ceiling prescribed in part II of Schedule A to the Re-settlement Act.

(3.) THIS writ Petition is allowed. Rule is made absolute. No costs.