1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6883 OF 2009 Bhujang Sadashi Saruk : Petitioner versus The Collector, Ratnagiri & ors. : Respondents. Mr L S Deshmukh for the Petitioner. Mr V S Gokhale, AGP, for the Respondent Nos.1 to 3. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 27th August 2009 P.C. 1. Heard. The Petitioner’s name was in the list of project affected persons in the year 2004 at Sr.No.343. A fresh list was prepared on 15/12/2008 and the name of the Petitioner was not included in the said list. Therefore, he made an application and his name has now been shown at Sr No.514 of the said fresh list. 2. Now the grievance of the Petitioner is that the said list is not prepared on the basis of seniority of the project affected. That grievance appears to be justified. On perusal of the said list what we find is that the said list has not been prepared on the basis of seniority viz the date when a person is affected and becomes a project affected person, the 2 person who has become a project affected prior in point of time should be shown first whilst preparing a fresh list. The Respondents have arbitrarily prepared the fresh list which has no basis. The basis for preparing such list is, the date on which a person becomes project affected and in the context of that date his seniority should be fixed and not on the basis of the project affected certificate which is given to him . What we find is that the said list has not been prepared even taking into consideration the date of certificate. Therefore we dispose of the above Petition with the following directions to the Respondents. 3. The Respondents are directed to rearrange the list dated 15th December 2008 by taking into consideration the date of dispossession of each of the project affected persons, the Petitioner on the said basis to be placed at appropriate place in the said seniority list. This exercise should be carried out by the Respondent­Collector within a period of three months and compliance report along with list shall be filed in this Court. 4. With the aforesaid directions the Writ Petition is disposed of. [R.M.SAVANT, J] [S.B.MHASE, J]