YASHWANT SAVLARAM NAIK Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Rule, returnable forthwith. Heard by consent of the learned Counsel for the parties.

(2.) The petitioners have filed this petition challenging the refusal to issue certificate of Project Affected Persons by the Respondent No. 1 under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (By amendment repealing the Act of 1986, see Section 28 of the said Act).

(3.) Survey No. 275, Gut No. 273 and 274 situate at Village Darve was the ancestral property of the petitioners. The State has acquired said land of the petitioners for the Township of Navi Mumbai Project in the year 1986 by passing award in the Unit Case No. 59, Award No. 179. Shri Savalaram Chandar Naik - father of petitioner No. 1 and grandfather of Petitioner No. 2 was then in possession and was cultivating the said land. Savalaram Chandar Naik, and his son- Petitioner No. 1 are "affected person" as defined under Section 2 of the Act and entitled to the rehabilitation and the other benefits provided under the provisions of the said Act. Inter alia, the certificate as project affected person was issued to the petitioner No. 1 on 4.3.1987. However, the petitioner No. 1 was not educated and he was not found suitable and could not avail of benefit under any scheme or for employment available under the Government Scheme for project affected persons. However, his son- Petitioner No. 2 who is educated, is entitled to get the PAP Certificate and so he has applied to the respondents for the same by letter dated 30.1.2006. The Respondent No. 1, demanded certain documents and the petitioner made compliance by producing necessary document and NOC of all legal representatives and award holder for grant of certificate in favour of Petitioner No. 2 on 18.07.2006. The respondents, by letter dated 2.8.2007 communicated refusal to issue such certificate in favour of Petitioner No. 2 on the ground that the original Award holder Savalaram Chandar Naik was dead on 19.6.2007, when the petitioner No. 2 applied for the PAP Certificate. Hence, being aggrieved with the said letter of refusal to grant PAP certificate, the petitioners have filed the petition.