1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2338 OF 2010 Balbhim s/o Bapurao Dhoble, Age 50 years, Occu.Agril., R/o Ashti, District Beed .. PETITIONER VERSUS 1. The State of Maharashtra through the Secretary, Revenue and Forest Department, Mantralaya, Mumbai 2. The Collector, Beed, District Beed 3. The District Rehabilitation Officer, Beed, Dist.Beed .. RESPONDENTS Shri D.R.Jayabhar, Advocate for petitioner Shri S.V.Kurundkar, Additional Govt.Pleader for respondents 1 to 3 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 22nd March 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 under Article 226 of the Constitution of India the petitioner takes exception to the order of the respondents rejecting the application of the petitioner for issuance of a certificate as project affected person. Undisputedly, the land of the petitioner came to be acquired for the construction of village level tank. In several judgments, the Division Bench of this Court has held that acquisition of land for a village level tank would entitle the holder of the land to be issued with a certificate as a project affected person. A reference in this behalf may usefully be made to the Division Bench judgment of this Court in Nagesh alias Satish Nagorao Pande Versus State of Maharashtra and another 1995 (3) Bom.C.R.376. The Division Bench of this Court had observed that for entitlement of issuance of a certificate as project affected person, a land is necessarily be acquired for a public purpose. In that light of the matter and in the light of the order of the Division Bench of this Court in Writ Petition No.303 of 2010, dated 5.2.2010, we allow this petition and direct the respondents to issue the certificate to the petitioner as a project affected person, if the land of the petitioner has been acquired for a public purpose. 3 3. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2338.10wp)