Single judge High Court dismissed writ petition challenging refusal to grant Project Affected Person Certificate due to laches and inapplicability regarding approach road acquisition under 1981 circular.
Writ Petition dismissed with no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 437 OF 2014.
Sarangdhar Namdeo Waghmare
-VERSUS-
The State of Maharashtra and others.
Office Notes, Office Memoranda of Coram,____________________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Shri P. Kasare, Advocate for the Petitioner. Shri M.K. Pathan, A.G.P. for the respondent nos. 1 to 3. Shri A.D. Mohgaonkar, Advocate for the respondent no.4.
CORAM : SMT. VASANTI A. NAIK & P.R BORA, JJ.
DATED : SEPTEMBER 17, 2014.
Heard.
By this petition, the petitioner challenges the
order of the respondent no.3 refusing to grant a Project
Affected Person Certificate to the petitioner. The petitioner also seeks a direction to the respondent nos. 1 to 4 to grant a 'project affected person' certificate in favour of the son of the petitioner.
The land of grand-father of the petitioner was
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acquired some time in the year 1972-73 for approach road. It is the case of the petitioner that in the year 1986 one Shri Ingole was granted a 'project affected person' certificate and after securing knowledge of the same, the petitioner also applied for grant of said certificate. According to the petitioner, when the 'project affected person' certificate is granted to Shri Ingole in the year 1986, the petitioner would also be entitled to the same.
On hearing the learned Counsel for the parties and on a perusal of the affidavit in reply filed on behalf of the respondent no.2 it appears that the petition is liable to be dismissed for more reasons than one. The petitioner claims that the land of his grand-father was acquired in the year 1972-73. According to the petitioner a 'project affected person' certificate was granted to Shri Ingole in the year 1986. For the first time the petitioner applied for grant of 'project affected person' certificate on 03.10.2011. On 13.10.2011 the application of the petitioner was rejected. The petitioner has filed the instant petition on 15.01.2014. The petition suffers from latches. Even otherwise, in view of the Government Circular dated 08.01.1981, the petitioner would not be
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entitled to 'project affected person certificate' as the land of the petitioner was acquired for approach road. In the facts of the present case, the relief sought by the petitioner cannot be granted.
Since there is no merit in the Writ Petition,
the Writ Petition is dismissed with no order as to costs.
JUDGE
JUDGE
Rgd.
3 issues framed by the court
Whether petitioner is entitled to a Project Affected Person Certificate given laches in filing and circular of 1981.
Whether relief is maintainable when certificate was sought years after similar grant to another beneficiary.
Whether petitioner's claim succeeds regarding certificate for his son based on grandfather's acquired land.
Sarangdhar Namdeo Waghmare
The State of Maharashtra
Vasanti A. Naik
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
