Disposed

Aba Bhika Jadhav v. the State of Maharshtra and Ors.

Bombay HC30 Aug 2012WP/6860/2011

Case brief

AI extract

What is this about?

Petitioner sought land allotment as a project affected person after 29 years. The Deputy Collector affidavited no land was available in the command area. The Court directed the petitioner to approach the Collector for land elsewhere within eight weeks.

What did the court decide?

Petitioner directed to make representation to the Collector within eight weeks for land allotment from available sources.

Aba Bhika Jadhav Vs the State of Maharshtra and Ors. — Land Acquisition | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 6860 OF 2011

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Aba s/o Bhika Jadhav .. PETITIONER VERSUS

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The State of Maharashtra & others .. RESPONDENTS

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Mr. B. V. Thombre, advocate for petitioner. Mr.S. K. Tambe, AGP for the State.

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CORAM : R. M. BORDE & S. S. SHINDE, JJ. DATE : 30^th AUGUST, 2012.

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PER COURT :

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Since petitioner is a person affected by project, he is seeking directions to respondents for allotment of land. It is not disputed that vide order dated 11-5-1981 petitioner was offered land to the extent of one acre out of survey no. 168 of village Hiradpuri, Tq. Paithan, Dist. Aurangabad. However, the petitioner did not comply with the order and did not deposit the amount for considerable period. After lapse of about 29 years, he has made a request for allotment of land.

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It is the contention of petitioner that land is available in command area and his request may be considered since he is a project affected person. On consideration of statement made by petitioner, this Court, by order dated 9-1-2012, directed respondent nos. 2, 3 and 4 to file affidavit in reply and explain as to whether

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land is available in the command area for allotment to the petitioner. In pursuance to the order passed by this Court, one Ramakant Baviskar, Deputy Collector, Rehabilitation, Aurangabad, has presented affidavit and has stated therein that there is no land available in the command area for allotment to the project affected persons. In this view of the matter, request made by petitioner, after lapse of 29 years, cannot be considered.

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Since the petitioner is project affected person and is not extended benefits, it would be open for the petitioner to make suitable representation to the Collector for allotment of land at any other place wherever land is available. If petitioner proceeds to tender representation to the Collector within eight weeks from today, the Collector shall consider such representation within a period of six months thereafter on its own merits. Petition stands disposed of.

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Pending civil application, if any, does not survive and stands disposed of.

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( S. S. SHINDE ) ( R. M. BORDE ) JUDGE JUDGE

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Aba Bhika Jadhav v. the State of Maharshtra and Ors.

Case brief

What is this about?

What did the court decide?

Aba Bhika Jadhav v. the State of Maharshtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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