- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1654 OF 2010 Suwarna w/o Kantilal Gavhane, Age 34 years, Occ. Household, r/o Kumbharwadi, Taluka Ashti, District Beed. ... PETITIONER VERSUS 1. The State of Maharashtra through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad. Through the Secretary, Revenue & Forest Department, Mantralaya, Mumbai. 2. The Collector, Beed, District Beed. 3. The District Rehabilitation Officer, Beed, District Beed. ... RESPONDENTS ----- Shri D.R. Jaybhar, Advocate for the petitioners Shri K.J. Ghute Patil, A.G.P. for respondent Nos.1 to 3 ----- CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ. DATED : 7th June, 2010. ORAL JUDGMENT (PER HARDAS, J.): 1. Rule. Rule returnable forthwith. With the consent of - 2 - learned counsel for the parties, this petition is heard finally at the stage of admission. 2. We have heard Shri Jaybhar, learned counsel for the petitioner and Mr. K.J. Ghute Patil, A.P.P. on behalf of respondent Nos.1 to 3. The limited grievance of the petitioner in this petition is that though his land came to be acquired for the purpose of construction of village tank at village Dhanora Khumbharwadi, Taluka Ashti, District Beed, the request of the petitioner for issuance of a certificate as a project affected person came to be refused on the ground that no instructions had been received from the Government in respect of issuance of such certificate for land which was acquired for the construction of a village tank. 3. This Court, in numerous judgments, has held that, acquisition of land for the purpose of construction of a village tank would amount to public purpose as defined under the Act and, therefore, such persons are entitled to be issued with the certificate as a project affected persons. In that light of the fact, therefore, we are inclined to allow this petition. 4. Accordingly, this Writ Petition succeeds and rule is - 3 - made absolute by directing the respondents to issue the certificate to the petitioner as a project affected person after verifying the fact that the land of the petitioner has been acquired for the purposes of construction of a village tank. In the circumstances, there will be no order as to costs. [N.D. DESHPANDE, J.] [P.V. HARDAS, J.]