1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5675 OF 2010 Nana s/o Dadaba Tote, Age 45 years, Occu.Agril., R/o Dongar Matukali, Taluka Ashti, District Beed .. PETITIONER VERSUS 1. The State of Maharashtra Through Government Pleader, High Court of Bombay Bench at Aurangabad Through the Secretary, Revenue and Forest Department, Mantralaya, Mumbai 2. The Collector, Beed, District Beed 3. The District Rehabilitation Officer, Beed, Dist.Beed .. RESPONDENTS Mr.D.R.Jayabhar, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents 1 to 3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 30th June 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition, the petitioner questions the correctness of the order passed by the respondents rejecting the application submitted by the petitioner for issuance of certificate as a Project Affected person. 3. Undisputedly, the land of the petitioner came to be acquired for the construction of a village percolation tank. According to the respondents acquisition of land for a village percolation tank would not amount to acquisition for a public project and would not fall within the definition as is contemplated in Project Affected Displaced Persons Act. 4. According to us, the order impugned in the present petition is unsustainable in the light of the judgments of this Court wherein the view is taken that acquisition of a land for village percolation tank would amount to acquisition for a public project, as defined under Project Affected Displaced Persons Act. In that light of the matter, therefore, we are inclined to allow this petition and accordingly, allow this petition, quash and set aside the impugned order and direct the respondents to issue certificate to the petitioner as project affected person. This be done within four weeks from today. 3 4. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5675.10wp)