wp3099.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3099 OF 2010 Godaji s/o Bhimrao Netam, R/o-Malkapur(Kherda), Tq-Kinwat, Dist-Nanded ...PETITIONER. VERSUS 1) The State of Maharashtra, Through it's Secretary, Revenue and Forest Department, Mantralaya, Mumbai-32, 2) The Collector, Nanded, Dist-Nanded, 3) The Land Acquisition Officer, Kinwat, Dist-Nanded, 4) The Tahsildar, Kinwat, Tq-Kinwat, Dist-Nanded. ...RESPONDENTS. ... Shri.V.P. Kadam Advocate for Petitioner. Smt.A.V. Gondhalekar, A.G.P. for Respondent Nos.1 to 4. ... wp3099.10 2 CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 7TH JANUARY, 2011. PER COURT : 1. Heard learned counsel for the parties. The Petitioner seeks relief in respect of his land acquired for rehabilitation of village. 2. Affidavit in reply has been filed by Respondent Nos. 3 and 4 today. In Para 3, 4 and 5 the deponent contends that: "3. I say and submit that it is an admitted position that the petitioner owned 1 hector and 12 R land from gut no.8/1 situated at village Malkapur (Kherda). After following due process of law, award came to be passed by the respondent no. 3. After passing award, an amount of Rs.14,385/- was wp3099.10 3 offered to the petitioner vide demand draft no. OL/680324 dated 21.6.86, however, the petitioner has refused to accept the said demand draft. 4. I further say and submit that the contentions of the petitioner that the Circle Officer Kinwat executed panchanama showing that the land of gaothan is allotted to the petitioner in lieu of the award is totally incorrect because the alleged panchanama at page no.12 does not bear signature of Circle Officer, Kinwat and this fact is confirmed from the original record of the Circle Officer. Hence, it is submitted that as acquisition is done for the public purpose and was done in compulsory manner, there is no question of giving any alternative land in gaothan, as prayed. wp3099.10 4 5. I say and submit that the petitioner has not become landless and as per the record available the petitioner owned 2 hector 34 R land. It is submitted that the petitioner may seek remedy under the Maharashtra Project Affected Persons and may file an application to the District Rehabilitation Officer. However, as far as the payment of compensation is concerned, same had been offered to him way back in the year 1986 and the authorities are ready to make the payment whatever is lying with the office of the authority, however no question of granting any additional solatium, interest, component arises." 3. In the light of reply filed, we observe that the Petitioner may receive the amount of wp3099.10 5 compensation and even may file an application to District Rehabilitation Officer for seeking certificate of he being project affected person, in accordance with law. 4. With these observations, the Writ Petition is disposed of. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/JAN11/wp3099.10