1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4304 OF 2010 Machindra s/o Ananda Khade, Age 44 years, Occu.Agril., R/o Deolali, Taluka Ashti, District Beed .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Revenue & Forest Department, Maharashtra State, Mantralaya, Mumbai 32 2. The District Collector, Beed 3. The District Rehabilitation Officer, Beed .. RESPONDENTS Mr.N.C.Garud, Advocate for petitioner Mr.K.G.Patil, Assistant Govt.Pleader for respondents 1 to 3 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 6th May 2010 ORAL JUDGMENT (PER S.V.GANGAPURWALA, 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 the present petition under Article 226 of the Constitution of India, the petitioner takes exception to the order dated 2.12.2009 passed by respondent No.3 thereby rejecting the application of the petitioner for issuance of the certificate of being a project affected person. 3. It is the contention of the petitioner that his land has been acquired for the construction of village tank. At the time of acquisition the said land stood in the name of his mother. 4. The premise on which the application has been rejected is wholly unsustainable. The acquisition for the purpose of construction of a village tank is for public purpose. 5. In view of the above, we allow this petition, quash and set aside the order dated 2.12.2009 and direct the respondents to consider the application of the petitioner for issuance of a certificate of being a project affected person, in accordance with law, and on its own merits, within a period of two months from today. The authorities while deciding the said application shall also confirm as to whether the other members of the family of the petitioner had claimed any benefit or certificate in respect of a project affected person for the same land. 3 6. Rule is made absolute on above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/4304.10wp)