Disposed

Smt. Laxmibai Dhondiram Varak v. the Collector and Deputy Director of Rehabilitation, Kolhapur, District Kolhapur and Ors.

Bombay HC27 Sept 2016WP/4838/2012

Case brief

AI extract

What is this about?

Petitioner, a Project Affected Person, sought an alternate agricultural land allotment as rehabilitation for the Dudhganga Irrigation Project due to unavailability of suitable land. The Court disposed of the writ petition without ruling on entitlement.

What did the court decide?

Writ petition disposed of without expressly ruling on the petitioner's right to land or entitlement to other land.

Smt. Laxmibai Dhondiram Varak Vs the… — Constitutional and Fundamental Rights | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4838 OF 2012

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Smt.Laxmibai Dhondiram Varak. ... Petitioner. V/s. The Collector and Deputy Director of Rehabilitation, Kolhapur and others. ... Respondents.

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P.D.Dalvi for the petitioner.

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Vishal Thadani, AGP for the respondents.

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CORAM : DR.MANJULA CHELLUR, C.J. AND M.S.SONAK, J. DATE : 27^th September 2016.

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P.C. :

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The petitioner before us is claiming to be a project affected person of Dudhganga Irrigation Project. She narrates, in brief, the background under which she was compelled to appear before this Court. She originally hails from the village – Bambarde which is declared as affected village for the aforesaid project. On account of this she was shifted to village- Kagal which is under command area. At Kagal she was allotted land at Gat No.524/1 and she was also put in possession in the year 1994. However, the

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same came to be cancelled for the reasons best known to the first respondent. On 31^st May 2000, again the petitioner was allotted another piece of land bearing Gat No.237/B/1 admesuring 1 H. 20 Ares at village- Kasaba Sangaon. When the petitioner realized that the said land was not suitable for cultivation, approached the first respondent, she was assured that they would provide her an alternate land and asked her to keep the said land at Kasaba Sangaon for the present. She further contends that she did all efforts to cultivate the said land, however, she could not get even the marginal income for the same. Therefore, on 6^th October 2009, she made an application for an alternate suitable land so that she could cultivate the said land with clear undertaking that she was ready to surrender the land which was given to her. Several reminders were addressed and even certificate regarding non-cultivable nature of the land from the Agricultural Officer was also produced.

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It is submitted that there are several suitable agricultural lands at Gat Nos.246/6; 526; 470/7; 470/4; 458/16 which are situated at Kagal and are available and acquired for rehabilitation of the project affected persons of Doodhganga Project. It is further submitted that though the award was passed in the year 1987 the first respondent seems to have not taken possession of the said lands. Bringing to the notice of the first respondent on 3^rd August 2011, the petitioner again made an application seeking allotment of land from

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the aforesaid Gat Nos. at Kagal. But till today, nothing is responded. It is further contended that the Land Acquisition Officer has not taken possession of the said lands in spite of award after acquiring the lands mentioned above with ulterior motive. With these averments, the petitioner has sought the following reliefs:

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“(a) Your Lordships may be pleased to issue an appropriate writ, order or direction directing the Special Land Acquisition Officer No.10, Kolhapur directing to take possession of the land in Gat No.246/6, area 1 H. 36 ares, Gat No.526 1 H. 68 ares, Gat No.470/7, area 0.68 ares, Gat No.470/4, 1 H. 08 ares and 458/16 area 0.35 ares of village Kagal, Taluka Kagal, District Kolapur as the Award No.LQN/DUD/SR-40/82 forthwith and allot the same to the suitable project affected persons;

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(b) Your Lordships may be pleased to issue an appropriate writ, order, direction under Article 226 of the Constitution of India, directing to allot the suitable agricultural land to the Petitioner at Kagal, Taluka Kagal, District Kolhapur under the scheme of Rehabilitation of Project Affected persons of Doodhganga Project of the land mentioned in prayer clause (a);

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(c) pending the hearing and final disposal of this Writ Petition, direct to allot the suitable agricultural land to the Petitioner at Kagal, Taluka Kagal, District Kolhapur under the scheme of Rehabilitation of Project Affected persons of Doodhganga Project;”

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During the course of arguments, learned counsel appearing for the petitioner submitted that the representation made by the petitioner on 3^rd August 2011 for allotment of land at villageKagal from the Gat Nos. mentioned above is still pending. It is further submitted that if any other suitable land is available the same could be considered provided other requirements are complied with.

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Having regard to the fact that for the last 24 years there was no eagerness to look into the grievances of the project affected persons and also the fact that several applications were kept pending in spite of several portions of the acquired lands of the affected persons, we are of the opinion, the present writ petition will be disposed of accordingly.

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Accordingly, writ petition is disposed of without expressing the right of the writ petitioner so far as the land in question or her entitlement to any other land in lieu of the land in question. However, the petitioner is at liberty to seek relief before any other forum, strictly, adhering to the procedure contemplated for the said purpose.

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In view of disposal of writ petition, civil application does not survive and stands disposed of accordingly.

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(M.S.SONAK, J.) CHIEF JUSTICE

Smt. Laxmibai Dhondiram Varak v. the Collector and Deputy Director of Rehabilitation, Kolhapur, District Kolhapur and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Laxmibai Dhondiram Varak v. the Collector and Deputy Director of Rehabilitation, Kolhapur, District Kolhapur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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