1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1835/2010 DAULAT SITARAM KODANE AND OTHERS ..VS.. STATE OF MAH AND ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shashikant Borkar adv for petitioners Shri N.W. Sambre, GP for respondent no.1 & 3 Shri N.G. Solao, adv for respondent no.2 CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JULY 22, 2011. Heard. By this petition, the petitioners seek a direction to the respondents to include the names of the petitioners in the list of project affected persons eligible to receive enhanced compensation which is being paid to the other villagers. The petitioners seek a direction to the respondents to pay the petitioners equal compensation as is payable to the other project affected persons of village Sawargaon after deducting the amount of Rs.50,000/- which is received by them. The lands of the petitioners and the other persons from village Sawargaon were acquired by the State of Maharashtra and the petitioners as well as the other villagers of Sawargaon were allotted small plots of land by the State of Maharashtra for their rehabilitation. In the year 2005-2006. since the petitioners did not construct any residential houses on those plots and chose to reside at some other place, the State of Maharashtra by the resolution dated 13.12.2006 decided to pay a sum of Rs.50,000/- to the project affected persons who were ready to forgo their 2 right in the plot which was allotted to them. In view of the decision dated 13.12.2006 the petitioners entered into an agreement with the State Government whereby they accepted the amount of Rs.50000/- and agreed to forgo their rights in the plots which were allotted to them at village Pagora. It was stated in the agreement between the parties that the petitioners would not make any further claim after receiving the sum of Rs.50000/- from the State Government for forgoing their rights in the plots which were allotted to them. Nothing happened thereafter for a period of about four years and since the land belongs to the Forest Department, the State of Maharashtra decided to take back the plots allotted to the villagers of Sawargaon as village Pagora and instead pay them total compensation of Rs.10,06,55,000/- approximately. The case of the petitioners is that now the other villagers of village Sawargaon are now receiving higher compensation / amount than what was paid to the petitioners in the year 2006- 2007 and hence their names should again be included in the list of project affected persons and they also are entitled to higher compensation. In this background the petitioners seek the aforesaid reliefs. We do not find any legal right in the petitioner to claim the relief sought by this petition. In pursuance of the decision / resolution of the State Government dated 13.12.2006 the petitioners entered into an agreement with the State Government and accepted the amount of Rs.50,000/- from the State of Maharashtra and gave up their right in the plots allotted to thementered into between the parties, it is clear that the 3 petitioners have agreed that they would not make any further claim after accepting a sum of Rs.50,000/- from the State. In such circumstances, merely because the other villagers from village Sawargaon are receiving higher sum after lapse of a period of four years the petitioners cannot seek to include their names in the list of project affected persons once again and to claim higher compensation on the ground that higher compensation is now being paid to the other villagers who had not entered into any agreement with the State of Maharashtra. The case of the petitioners and the other villagers of village Sawargaon fall in two different classes. The petitioners having accepted the amount of Rs.50,000/- in pursuance of the government resolution of the year 2006 are now dis-entitled from claiming higher compensation on the ground the other villagers of Sawargaon are receiving higher compensation as they had not entered into an agreement with the State Government at the relevant time. In the result the writ petition fails and is dismissed with no order as to costs. JUDGE JUDGE SMP