Prashant Pradip Sonawane and Ors. Vs the Deputy Director Sangli and Ors. — Bombay HC (2025) — LawSathi Research

Prashant Pradip Sonawane and Ors. Vs the Deputy Director Sangli and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition allowed and disposed of with directions: Respondent No.2 to consider the Petitioners' Preference Form dated 14th August 2017 (paperbook p.25) as expeditiously as possible and within 16 weeks; liberty to file a fresh Preference Form if the preferred land is already allotted, to be decided on merits after hearing; Petitioners to appear before Respondent No.2 on 5th January 2026 at 11:00 a.m.

Issue for consideration

Whether the Respondent-Authorities are required to act upon the Petitioners' Preference Form dated 14th August 2017 for allotment of preferred (residential) land under the rehabilitation scheme, on which no action had been taken since its submission.

Court's answer

The Respondent-Authorities, particularly Respondent No.2, shall consider the Preference Form dated 14th August 2017 submitted by the Petitioners (at page No.25 of the paperbook).

Ratio / Principle

Such consideration shall be made as expeditiously as possible and within 16 weeks from the date of the order.

Key takeaways

If the preferred land has already been allotted to some other person(s) by Respondent No.2, the Petitioners would be at liberty to submit another Preference Form, which shall be dealt with by the Respondent-Authorities by giving an opportunity of hearing to the Petitioners on its own merit.ratio¶28
The Petitioners shall appear before Respondent No.2 on 5th January 2026 at 11:00 a.m.ratio¶29

Detailed headnote1 paragraphs

Rehabilitation of Project Affected Persons — Chandoli Reserved Forest Project — Maharashtra Project Affected Persons Rehabilitation Act, 1999, s. 2(3). Petitioners, displaced by the Chandoli Reserved Forest Project and already allotted agricultural land with possession under the rehabilitation scheme, had submitted a Preference Form on 14.08.2017 for allotment of residential land, on which the Respondent-Authorities took no action. Disposing of the writ petition, the Court directed Respondent No.2 (Deputy Director) to consider the Preference Form (paperbook p.25) as expeditiously as possible and within 16 weeks; if the preferred land stood allotted to others, the Petitioners were granted liberty to submit a fresh Preference Form, to be dealt with on its own merit after affording an opportunity of hearing; Petitioners directed to appear before Respondent No.2 on 05.01.2026 at 11:00 a.m.

19-Wp-5265-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 5265 OF 2023

Prashant Pradip Sonawane & Ors. … Petitioners Versus The Deputy Director, Sangli & Ors. … Respondents

Mr. Gajanan M. Savagave for the Petitioners. Mr. V.M. Mali, A.G.P. for the Respondents-State.

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Coram : M. S. Karnik & Ajit B. Kadethankar, JJ. Date : 10^th December 2025.

P. C. :

1. Heard Mr. Savagave, learned counsel for the Petitioners and Mr.

Mali, learned A.G.P. for the Respondents-State.

2. The Petitioners were displaced due to enforcement of Chandoli Reserved Forest Project and fall within the meaning of the ‘Project Affected Persons’ under sub-section 3 of section 2 of The Maharashtra Project Affected Persons Rehabilitation Act, 1999.

3. The Petitioners would submit that they have been allotted agricultural land and they are also put in possession under the scheme for

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rehabilitation. However, so far as the land for the residential purpose is concerned, on 14^th August 2017 the Petitioners have submitted their preference for allotment of land in view of the scheme that has been taken by the Respondent-Authorities.

4. Mr. Savagave, learned counsel for the Petitioners would submit that since after submission of the ‘Preference’ Form, no action has been taken by the Respondent-Authorities for allotting the preferred land to the Petitioners.

5. Mr. Mali, learned A.G.P. would submit that the RespondentAuthorities would take appropriate decision after verifying whether such land is available as on today or not.

6. Mr. Savagave, learned counsel for the Petitioners would agree that the preferred land if already allotted to some other person(s), the Petitioners may be granted liberty to file another ‘Preference’ Form for suitable land.

7. In view of this, we dispose of this Writ Petition with following directions :

(i) The Writ Petition stands allowed.

(ii) The Respondent-Authorities particularly the Respondent No.2 shall consider the Preference Form dated 14^th August 2017 submitted by the Petitioners, which is at

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page No.25 of the paperbook, as expeditiously as possible and within 16 weeks from today.

(iii) If the preferred land is already been allotted to some other person(s) by the Respondent No.2, then the Petitioners would be at liberty to submit another Preference Form and the same shall be dealt with by the RespondentAuthorities by giving an opportunity of hearing to the Petitioners on its own merit.

(iv) The Petitioners shall appear before the Respondent No.2 on 5^th January 2026 at 11:00 a.m..

8. Writ Petition stands disposed of in above terms.

[ Ajit B. Kadethankar, J. ] [ M. S. Karnik, J. ]

Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2025.12.11 14:41:45 +0530

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