Dismissed

Arjun Laxman Kadam and Anr. v. the Tehsildar, Patan and Ors.

Bombay HC2 Apr 2014WP/7036/2013

Case brief

AI extract

What is this about?

The High Court of Bombay rejected a writ petition seeking land allotment under the Koyana Project rehabilitation scheme. The court held petitioners failed to establish they were legal representatives of a deceased affected person. It allowed them one month to produce documents to the District Resettlement Officer before rejecting the petition.

What did the court decide?

One month to produce documents to District Resettlement Officer; petition subsequently rejected.

1Heard the learned counsel for the petitioners and the learned AGP for the respondents. From the certificate annexed as ExhibitA to the petition, the case of the petitioner appears to be that though one Daji Sajana Kanupara (Kadam) was a Koyna project affected person, he has not been granted a land under the scheme of rehabilitation of Koyana Project Affected persons. The present petitioners are Arjun Laxman Kadam and Pandurang Laxman Kadam. It appears that on 16th February 2010, on the basis of the application made by the first petitioner, the District Resettlement Officer issued a letter on 16th February 2010 to the first petitioner calling upon him to to submit the documents. One of the requirements stated in the said letter is that if the Project Affected Person is no more, the first petitioner will have to produce documents to show

that he is the legal representative of the Project Affected Person. Perusal of the averments made in the petition shows that all necessary documents were submitted by the petitioner on 25th February 2010. However, nothing is placed on record to show that the documents were really submitted by the petitioner on 25th February 2010.

2The petitioners are relying upon the letter dated 15th May 2013 addressed by the first petitioner to the District Collector. In the first paragraph it is claimed that the first petitioner Arjun Kadam is the legal representative of the said Daji who is no more. It is claimed that the said Daji was Koyana Earthquake Affected Person and therefore, the allotment of agricultural land is sought in a scheme at village Taloshi, Govare. In the second paragraph of the said letter, the first petitioner claimed that he is a Project Affected Person of Koyana project.

3The said Daji Sajana died on 20th November 1967. Firstly, the petitioners will have to establish that they are legal representatives of the said Daji. Secondly, they will have to establish that the said Daji was a Koyana Project Affected Person. By no stretch of imagination, the petitioners can claim that the said Daji was a Koyana Earthquake Affected Person. To that extent, the statements made in the petition are factually incorrect. The petitioners are relying upon the letter dated 16th February 2010 addressed to the first petitioner by the District

4As of today, we see no right in the petitioners for seeking allotment of a land. However, it will be open for the petitioners to produce documents as stated in the letter dated 16th February 2010 before the District Resettlement Officer of Satara within one month from today. It is for the Resettlement Officer to take appropriate action on production of the said documents.

Arjun Laxman Kadam and Anr. v. the Tehsildar, Patan and Ors.

Case brief

What is this about?

What did the court decide?

Arjun Laxman Kadam and Anr. v. the Tehsildar, Patan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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