Bombay High Court
Late Balu Bhamnak Mahar Through Lrs. ... vs The District Collector, Satara And Ors on 12 February, 2019
Bench: R. M. Borde, V. L. Achliya
(9) WP 14397-18
Amk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14397 OF 2018
Late Pandu alias Dhondiba Savala Niman (Pawar)
(through legal heir-Ramesh Dagadu Pawar) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 14412 OF 2018
Late Krushna Subhana Yelve (Jadhav)
(through legal heir-Kisan Raghunath Jadhav) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 859 OF 2019
Late Daulati Vithu Savant
(through legal heir-Sakharam Raghunath Savant) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 860 OF 2019
Late Shiva Arjun Goigada (Jadhav)
(through legal heir-Laxman Shivram Jadhav) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 861 OF 2019
Late Bhiwa Sakhu Yelve (Jadhav)
(through legal heir-Anusaya Kondiba Jadhav) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 862 OF 2019
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Late Babu Rama Savant
(through legal heir-Jijabai Babu Savant) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 863 OF 2019
Late Ramchandra Ganpat Savant
(through legal heir-Ganpat Ramchandra Savant) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 864 OF 2019
Late Govind Raoji Savant
(through legal heir-Kusum Raghunath Savant) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 865 OF 2019
Krushna Laxman Savant .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 887 OF 2019
Late Dagadu Kondiba Niman (Pawar)
(through legal heir Dhondiba Dagadu Niman .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 888 OF 2019
Rama Tatya Savant .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1695 OF 2019
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Late Balu Bhamnak Mahar
(through legal heirs Dagadu Balu Kambale) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1683 OF 2019
Late Rama Devji Mahar
(through legal heirs Bhagabai Jagannath Kamble) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1684 OF 2019
Late Sonya Gunaji Mahar
(through legal heirs Sushila Thorawade) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1685 OF 2019
Late Bhiva Devaji Mahar
(through legal heirs Swapnil Sharad Kambale) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1686 OF 2019
Late Rawaji Jyoti Sawant
(through legal heirs Sadashiv K. Sawant) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1687 OF 2019
Late Naki (Gangabai) Ramchandra Shinde
(through legal heirs Manohar R. Shinde) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
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WITH
WRIT PETITION NO. 1688 OF 2019
Late Chandra Vithu Mahar
(through legal heirs Deepak S Kambale) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1689 OF 2019
Late Jaysinghrao Sakhojirao Salunkhe
(through legal heirs Suresh B Salunkhe) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1690 OF 2019
Late Koyaji Krushna Mahar
(through legal heirs Ladibai G Kambale) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1696 OF 2019
Late Krushna Sadhu Mahar
(through legal heirs Bayaji Krushna Kambale) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1697 OF 2019
Late Ganpat Kondi Mahar
(through legal heirs Shantabai Vitthal Sapkal) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1698 OF 2019
Late Raoji Krushna Sutar
(through legal heirs Hariba Raoji Sutar) .. Petitioner
Vs.
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The District Collector, Satara & Ors. .. Respondents
WITH
WRIT PETITION NO. 1699 OF 2019
Late Daji Krushna Sutar
(through legal heirs Ramu Daji Sutar) .. Petitioner
Vs.
The District Collector, Satara & Ors. .. Respondents
Mr. N. P. Deshpande for the Petitioner in All the Petitions.
Mrs. P. N. Diwan, AGP for the Respondent-State.
CORAM : R. M. BORDE & V. L. ACHLIYA, JJ.
DATE : 12th FEBRUARY, 2019.
P. C. :
1. The above Writ Petitions can be disposed of in terms of directions
issued by the Division Bench of this Court in Public Interest Litigation No.
171 of 2014 decided on February 13, 2017. The Petitioners claim to be
project affected persons, whose lands were acquired. It is the contention
of the Petitioners that in spite of constant persuasion, no steps have been
taken by the Respondents for granting the benefits under the provisions of
the Maharashtra Project Affected Persons Rehabilitation Act, 1999. In
similar situation, while dismissing the Public Interest Litigation No. 171 of
2014 certain directions are issued. These Petitions can be disposed of
conveniently by issuing similar directions. Hence, the order:
ORDER
(i) We direct the Deputy Collector (Resettlement), Raigad to examine the cases of the project affected persons herein with a view to ascertain whether they are project affected persons as claimed by 5/6 ::: Uploaded on - 14/02/2019 ::: Downloaded on - 14/02/2019 22:28:29 ::: (9) WP 14397-18 them and whether they are entitled to allotment of lands under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999.
(ii) We further direct that the Petitioners to appear before the Deputy Collector (Resettlement), Raigad on 05.03.2019 and produce necessary documents along with their Representation claiming benefits. In the event of request made by the Petitioners for grant of time to enable them to furnish the documents, it would be open for the Deputy Collector to grant further time after considering their Representations together with necessary documents.
(iii) The Deputy Collector (Resettlement), Raigad shall pass appropriate orders as expeditiously as possible preferably in the period of six months from the date of appearance of Petitioners before the concerned authority.
(iv) In the event, the Deputy Collector (Resettlement), Raigad upholds entitlement of Petitioners for allotment of land, it would be necessary for the said authorities to take further steps in pursuance of the decision and necessary steps shall be taken as early as possible and preferably within six months from the date of such decision.
2. In view of the above directions, Writ Petitions are disposed of.
[V. L. ACHLIYA, J.] [R. M. BORDE, J.] 6/6 ::: Uploaded on - 14/02/2019 ::: Downloaded on - 14/02/2019 22:28:29 :::