Allowed

Sarika Balaji Bande v. the State of Maharashtra and Others

Bombay HC5 Jul 2016WP/4513/2016

Case brief

AI extract

What is this about?

The High Court quashed the Deputy Collector's order refusing a Project Affected Persons Certificate to a landholder whose 12Ra was acquired before the 2010 policy cut-off and directed the authorities to issue the certificate within eight weeks.

What did the court decide?

The order impugned rejecting the request for Project Affected Persons Certificate is quashed and set aside. Respondents are directed to issue the certificate within eight weeks.

Sarika Balaji Bande Vs the State of Maharashtra and Others — Land Acquisition | Bombay HC (2016)

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920.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.4513 OF 2016

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Sarika d/o Balaji Bande
@ Sarika w/o Baswaraj Nirne
Age 31 years, Occu: Unemployed
R/o Undri,Tq. Mukhed,
District Nanded, presently
residing at Gawhan Tq. Jalkot,
district Latur

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... Petitioner

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VERSUS

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1. The State of Maharashtra Through The Secretary Earthquake & Rehabilitation Department, Mantralaya, Mumbai 32.

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2. The District Collector, Nanded, District Nanded.

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3. The Deputy Collector ... Respondents (Rehabilitation) Nanded,

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District Nanded

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Mr. Anmole Kedar G. h/for Mr. S. B. Gastgar, Advocate
for the petitioner.

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Mr. A. R. Kale, AGP for the Respondents.

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CORAM: R. M. BORDE &
K. L. WADANE, JJ.
 DATE:
5th July, 2016

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ORDER:

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1. Heard the learned counsel for the parties.

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2. Rule. Rule made returnable forthwith and the

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petition is heard for final disposal by the consent of
learned counsel for the respective parties.

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920.odt

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3. The petitioner is objecting to the order passed
by the Deputy Collector (Rehabilitation), Nanded
refusing her request to issue Project Affected Persons
Certificate. It is an admitted fact that the land
belonging to the petitioner to the extent of 12 R has
been acquired prior to 03.05.2010. The request made by
the petitioner for issuance of Project Affected

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Persons Certificate has has been turned down by the
respondents relying on the decision taken by the
Government on 03.05.2010.

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4. The policy prescribes that the land holder whose
land to the extent of more than 20 R has been acquired
shall be held eligible to claim Project Affected
Persons Certificate subject to fulfillment of certain
other requirements mentioned in the resolution.

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5. It is an admitted position that at the time of
acquisition of the land belonging to the petitioner,
the policy formulated on 03.05.2010 was not in vogue.
In this view of the matter, relying upon the policy
declared by the Government on 03.05.2010, the Assistant
Collector ought not to have turned down the request
made by the petitioner. In the facts and circumstances

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of the case, the order impugned in the petition,

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rejecting the request of the petitioner to issue
Project Affected Persons Certificate is quashed and set
aside and the respondents are directed to issue
Project Affected Persons Certificate to the petitioner
as expeditiously as possible and preferably within a
period of eight weeks.

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6. Rule is accordingly made absolute. There shall

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be no order as to costs.

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JPC

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Sarika Balaji Bande v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sarika Balaji Bande v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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