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Bombay High Court

Kanha Bhika Khadali And Anr vs The Maharashtra State Industrial ... on 7 July, 2021

Author: G. S. Kulkarni

Bench: Dipankar Datta, G. S. Kulkarni

                                                                            12-pil 21-21.docx

Prajakta Vartak
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                         PUBLIC INTEREST LITIGATION NO.21 OF 2021
        Kanha Bhika Khadali & Anr.                                 ...Petitioners
                   vs.
        The Maharashtra State Industrial
        Development Corporation & Ors.                             ...Respondents
                                                .....


        Ms.Bhattacharya Ronita Bector h/f Ms.Gayatri Singh, Senior Advocate
        for Petitioners.
        Dr.Milind Sathe, Senior Advocate with Ms.Shyamali Gadre and Ms.Tanvi
        Doshi i/b. Little & Co. for Respondent No.1.
        Mr.P.P. Kakade, GP with Smt.R.A. Salunkhe, AGP and Smt.G.P.
        Sonawane, AAGP for State.
                                                .....


                                      CORAM :-        DIPANKAR DATTA, CJ &
                                                      G. S. KULKARNI, J.
                                      DATE :-         JULY 07, 2021
        PC :

1. This PIL petition concerns the project affected persons of villages Kolewadhakal and the Talyanche Wadi hamlet in Manivali (for short 'Talyanche Wadi"). Dr.Sathe, learned counsel for the MIDC has however disputed that Talyanche Wadi is at all affected by the public project. We may have to hear the parties on such issue as to whether the villagers from the said village are project affected.

2. Be that as it may, Dr.Sathe, on instructions, states that khavti/hardship compensation was paid to the affected persons from Kolewadhakal for the last monsoon. He states for this year as well arrangements have been made to make such payment which would be 1/2 ::: Uploaded on - 08/07/2021 ::: Downloaded on - 09/07/2021 01:19:29 ::: 12-pil 21-21.docx disbursed within two weeks from today. Dr.Sathe has also stated that in regard to permanent settlement of the project affected persons of Village Kolewadhakal, steps were taken to acquire land on which plots are being formed to be allotted to the project affected persons after the monsoon.

3. We accordingly adjourn the matter to July 22, 2021 to enable the MIDC to place on record a further affidavit setting out details in regard to the disbursement of khavti/hardship compensation and in regard to the proposed allotment of plots to the project affected persons for their re-settlement.

            (G. S. KULKARNI, J.)                 (CHIEF JUSTICE)




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