Disposed

Shri. Dallu Rama Bhogulkar v. the Collector and Deputy Director for Rehabilitation Kolhapur and Ors.

Bombay HC6 Feb 2012WP/4604/2010

Case brief

AI extract

What is this about?

This writ petition concerned the petitioner's application for alternate land as the allotted agricultural land was unsuitable for cultivation due to salinity. The court directed the Collector to decide the pending application in accordance with law within eight weeks, prioritizing justice despite some delay.

What did the court decide?

Direction to the Collector Kolhapur to decide the applicant's dated 20.7.2009 application for alternate land within eight weeks.

Shri. Dallu Rama Bhogulkar Vs the Collector and Deputy… — Land Acquisition | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4604 OF 2010

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Daulu Rama Bhogulkar ..Petitioner

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versus

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The Collector and Deputy Collector for Rehabilitation, Kolhapur & Ors.

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..Respondents

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Mr. P. D. Dalvi for Petitioner.

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Mrs. M. P. Thakur - Assistant Government Pleader for State – Respondent Nos. 1 to 3.

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CORAM : D. D. SINHA AND SMT. V. K. TAHILRAMANI, JJ.

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09 February 2012

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P.C. :

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the State.

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2. Counsel for the petitioner has submitted that the land of the petitioner

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was acquired way back in the year 1988 for the Doodhganga Project. The petitioner thereafter was allotted agricultural land in Gat No. 3816 admeasuring 0.81 ares and in Gat No. 3521 admeasuring 0.41 ares, situated at Shirol, District Kolhapur, about 8 years back. Counsel for the petitioner

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has submitted that after the above referred land was allotted to the petitioner, the petitioner tried to put that land under cultivation. However, did not succeed and therefore got the soil of the land in question analysed by District Soil Conservation Department, which has issued a Certificate that the land being salty land, unfit for cultivation. Counsel for the petitioner has submitted that it is in these circumstances the petitioner submitted an application dated 20.7.2009 to the Collector Kolhapur for allotment of alternate land and also ready and willing to surrender the above referred land allotted to the petitioner. Counsel for the petitioner prays that the direction be given to the Collector to decide the said application in accordance with law.

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The learned Assistant Government Pleader has submitted that the land

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of the petitioner was acquired way back in 1988 for the Doodhganga Project. The petitioner was handed over possession of the alternate land 8 to 9 years ago and for the first time the petitioner has submitted application for grant of alternate land in the year 2009. There is an inordinate delay on the part of the petitioner to approach the Collector and there is no reason given by the petitioner for such inordinate delay.

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We have considered the contentions canvassed by the respective

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counsel. In the backdrop of the above referred facts, it appears that the land which was allotted to the petitioner could not be cultivated since it is a salty land and therefore the petitioner has made an application dated 20.7.2009 to the Collector Kolhapur for allotment of alternate land. The petitioner is ready and willing to surrender the land which is allotted to him. It is no doubt true that the petitioner ought to have approached the Authorities early in point of time, however, taking into consideration the facts and circumstances of the present case and in the interest of justice, we dispose of the writ petition with direction to the Collector Kolhapur to decide the application of the petitioner dated 20.7.2009, if not decided earlier, in accordance with law, within a period of eight weeks from the date of communication of this Order.

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(SMT. V. K. TAHILRAMANI, J.)

Shri. Dallu Rama Bhogulkar v. the Collector and Deputy Director for Rehabilitation Kolhapur and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Dallu Rama Bhogulkar v. the Collector and Deputy Director for Rehabilitation Kolhapur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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