1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5325 OF 2008 1. Sanjay s/o Deorao Chavan, Age: 39 years, Occ: Agri., 2. Sarangdhar s/o Vishwanath Chavan, Age: 27 years, Occ: Agri., 3. Ganpat s/o Bhavrao Chavan, Age: 42 years, Occ: Agri., 4. Prakash s/o Vikram Chavan, Age: 37 years, Occ: Agri., 5. Parmeshwar s/o Kaduba Chavan, Age: 29 years, Occ: Agri., 6. Sunil s/o Sahebrao Chavan, Age: 28 years, Occ: Agri., 7. Pradip s/o Bajirao Chavan, Age: 36 years, Occ: Agri., 8. Prabhakar s/o Bhika Chavan, Age: 42 years, Occ: Agri., 9. Ankush s/o Eknath Chavan, Age: 62 years, Occ: Agri., 10. Gulabrao s/o Kashinath Kakade, Age: 48 years, Occ: Agri., 11. Rafiq s/o Dadabhai Pathan, Age: 32 years, Occ: Agri., 12. Javed s/o Dadabhai Pathan, Age: 41 years, Occ: Agri., 2 13. Vijay s/o Ramchandra Kasare, Age: 37 years, Occ: Agri., 14. Smt. Tulsabai w/o Piraji Kasare, Age: 61 years, Occ: Agri., 15. Sanjay s/o Ramchandra Kasare, Age: 47 years, Occ: Agri., 16. Bhaskar s/o Tukaram Khandagale, Age: 37 years, Occ: Agri., 17. Kishor s/o Pralhad Chavan, Age: 24 years, Occ: Agri., 18. Ashok s/o Pralhad Chavan, Age: 31 years, Occ: Agri., 19. Smt. Shantabai w/o Vinayak Nawale, Age: 52 years, Occ: Agri. & Household, 20. Smt. Kausalyabai w/o Madhukar Chavan, Age: 47 years, Occ: Agri. & Household, 21. Smt. Kasabai w/o Sakharam Chavan, Age: 61 years, Occ: Agri.& Household, 22. Gajanna s/o Sukhdeo Chavan, Age: 48 years, Occ: Agri., 23. Smt. Rakhamabai w/o Shenphad Chavan, Age: 50 years, Occ: Agri. & Household, 24. Mahadu s/o Dagadu Chavan, Age: 37 years, Occ: Agri., 25. Rajendra s/o Shriram Chavan, Age: 42 years, Occ: Agri., 26. Smt. Kausabai w/o Sandu Mhaske, Age: 32 years, Occ: Agri.&Household, 3 27. Santosh s/o Ramesh Kasture, Age: 33 years, Occ: Agri., 28. Ramesh s/o Kisan Kasture, Age: 31 years, Occ: Agri., 29. Smt. Godawaribai w/o Shamrao More, Age: 52 years, Occ: Agri.&Household, 30. Rangnath s/o Tukaram Chavan, Age: 51 years, Occ: Agri., 31. Shamrao s/o Shripat Mali, Age: 47 years, Occ: Agri., 32. Abhimanyu s/o Shamrao Mali, Age: 38 years, Occ: Agri., 33. Smt. Housabai w/o Namdeo Surase, Age: 62 years, Occ: Agri.&Household, 34. Sanjay s/o Namdeo Surase, Age: 27 years, Occ: Agri., 35. Waman s/o Bhagwan Chavan, Age: 38 years, Occ: Agri., 36. Smt.Sunandabai w/o Sudhakar Ambhore, Age: 52 years, Occ: Agri.,& Household, 37. Kailas s/o Bhaskar Chavan, Age: 31 years, Occ: Agri., 38. Smt. Kasabai w/o Manikrao Chavan, Age: 38 years, Occ: Agri. & Household, 39. Dnyaneshwar s/o Ramesh Kasture, Age: 41 years, Occ: Agri., 40. Anil s/o Hari Jogdande, Age: 31 years, Occ: Agri., 4 41. Laxman s/o Kisan Sarde, Age: 27 years, Occ: Agri., 42. Bansi s/o Kisan Ghorpade, Age: 62 years, Occ: Agri., 43. Vishram s/o Bansi Ghorpade, Age: 48 years, Occ: Agri., 44. Smt. Mangalbai w/o Sugdeo Chavan, Age: 27 years, Occ: Agri.& Household, 45. Smt. Jijabai w/o Jagannath Chavan, Age: 42 years, Occ: Agri.& Household, 46. Smt. Kaushalyabai w/o Pralhad Chavan, Age: 45 years, Occ: Agri.& Household, 47. Smt. Kaverabai w/o Bhagwan Chavan, Age: 38 years, Occ: Agri. & Household, 48. Smt. Ramkorbai w/o Sanjay Chavan, Age: 40 years, Occ: Agri.& Household, All R/o. Nimkheda (Budruk), Tq. Jafrabad, Dist. Jalna. ...PETITIONERS VERSUS 1. The State of Maharashtra, Through Secretary, Revenue Department, Mantralaya, Mumbai 400032. 2. The Divisional Commissioner, Aurangabad. 3. The Collector, Jalna. 4. The Special Land Acquisition Officer, Jalna. 5 5. The Executive Engineer, Khadakpurna Project, Deolgaon Raja, Dist.Buldhana. 6. Project Authority/Rehabilitation Officer, Khadakpurna Project, Collector office, Jalna. ...RESPONDENTS WITH WRIT PETITION NO.5326 OF 2008 1. Jagannath s/o Rajaram Chavan, Age: 55 years, Occ: Agri., 2. Devidas s/o Dashrath Chavan, Age: 43 years, Occ: Agri., 3. Bajirao s/o Damola Chavan, Age: 70 years, Occ: Agri., 4. Sugdeo s/o Maroti Chavan, Age: 59 years, Occ: Agri., 5. Pralhad s/o Narayan Chavan, Age: 47 years, Occ: Agri., 6. Vithoba s/o Ramrao Chavan, Age: 65 years, Occ: Agri., 7. Anil s/o Deorao Chavan, Age: 35 years, Occ: Agri., 8. Deorao s/o Damotrao Chavan, Age: 65 years, Occ: Agri., 9. Rameshwar s/o Sheshrao Shelke, Age: 42 years, Occ: Agri., 10. Vishwanath s/o Fakirba Chavan, Age: 65 years, Occ: Agri., 6 11. Suryabhan s/o Pandurang Chavan, Age: 35 years, Occ: Agri., 12. Madhav s/o Ambadas Chavan, Age: 21 years, Occ: Agri., 13. Ashok s/o Bhaurao Chavan, Age: 40 years, Occ: Agri., 14. Ganesh s/o Vishwanath Chavan, Age: 38 years, Occ: Agri., 15. Janardhan s/o Shriram Chavan, Age: 39 years, Occ: Agri., 16. Sukhdeo s/o Yeshwanta Chavan, Age: 68 years, Occ: Agri., 17. Dnyaneshwar s/o Kaduba Chavan, Age: 39 years, Occ: Agri., 18. Atmaram s/o Sakharam Chavan, Age: 37 years, Occ: Agri., 19. Shesherao s/o Shenphad Chavan, Age: 42 years, Occ: Agri. 20. Sakharam s/o Shamrao More, Age: 45 years, Occ: Agri., 21. Ashok s/o Gopala Ghorpade, Age: 42 years, Occ: Agri., 22. Bhagwan s/o Jaiwanta Chavan, Age: 55 years, Occ: Agri., 23. Rajenndra s/o Daulat Ghorpade, Age: 28 years, Occ: Agri., 24. Dilip s/o Namdeo Chavan, Age: 38 years, Occ: Agri., 7 25. Ramchandra s/o Bapurao Kasare, Age: 55 years, Occ: Agri., 26. Ramesh s/o Paraji Chavan, Age: 42 years, Occ: Agri., 27. Dinkar s/o Bhaurao Chavan, Age: 36 years, Occ: Agri., 28. Shankar s/o Bajirao Chavan, Age: 29 years, Occ: Agri., 29. Eknath s/o Ashru Chavan, Age: 55 years, Occ: Agri., 30. Ambadas s/o Vithoba Bhopale, Age: 49 years, Occ: Agri., 31. Maroti s/o Patilba Chavan, Age: 80 years, Occ: Agri., 32. Bhika s/o Patilba Chavan, Age: 85 years, Occ: Agri., 33. Namdeo s/o Yeshwanta Chavan, Age: 65 years, Occ: Agri., 34. Shriram s/o Fakirba Chavan, Age: 66 years, Occ: Agri., 35. Dagadu s/o Shenphad Chavan, Age: 45 years, Occ: Agri., 36. Bhagwan s/o Sahebrao Chavan, Age: 34 years, Occ: Agri., 37. Dnyaneshwar s/o Vithoba Chavan, Age: 37 years, Occ: Agri., 38. Daulat s/o Gopala Ghorpade, Age: 57 years, Occ: Agri., 8 39. Kaduba s/o Chandrabhan Chavan, Age: 70 years, Occ: Agri., 40. Smt. Pramilabai w/o Nana Chavan, Age: 49 years, Occ: Agri., 41. Dadabhai s/o Banekhan Pathan, Age: 48 years, Occ: Agri., 42. Sahebrao s/o Limbaji Chavan, Age: 61 years, Occ: Agri., All R/o. Nimkheda (Budruk), Tq. Jafrabad, Dist. Jalna. ...PETITIONERS VERSUS 1. The State of Maharashtra, Through Secretary, Revenue Department, Mantralaya, Mumbai 400032. 2. The Divisional Commissioner, Aurangabad. 3. The Collector, Jalna. 4. The Special Land Acquisition Officer, Jalna. 5. The Executive Engineer, Khadakpurna Project, Deolgaon Raja, Dist.Buldhana. 6. Project Authority/Rehabilitation Officer, Khadakpurna Project, Collector office, Jalna. ...RESPONDENTS 9 ... Shri. S.V. Adwant, Advocate for Petitioners. Shri.V.H. Dighe, A.G.P. for Respondent Nos.1 to 4. Shri.A.N. Nagargoje, Advocate for respondent No.5. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 15TH JUNE, 2010. ORAL JUDGMENT : (PER NARESH H. PATIL, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, both the petitions are heard finally at the admission stage. 2. The petitioners claimed to be project affected persons. They claimed rehabilitation under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. From the record, it is reflected that around 116 persons were affected due to the acquisition of the land. The petitioners pray directions to allot lands to rehabilitate them. Shri. S.V. Adwant, learned Counsel for the petitioners submitted that there 10 has been unreasonable delay in rehabilitation process of the petitioners. Their families are facing hardship, therefore, urgent orders are required to be issued in this regard. It is further submitted that the land acquisition proceedings were already initiated for rehabilitating the petitioners and the respondent authorities ought to have completed the land acquisition proceedings by obtaining possession of the concerned lands. 3. Respondent Nos. 2 to 4 filed affidavit in reply. The acquiring body filed affidavit in reply. The learned A.G.P. Shri. V.H. Dighe on behalf of the State submitted that the State had earmarked Gat No. 110 from the new Gaothan area of village Nikheda Bk., which is Government land and same would be used for rehabilitation purpose. The learned A.G.P. submits that instead of acquisition of the land, Government has considered to rehabilitate the petitioners in the land of Gaothan, which is in possession of the State. 11 4. Learned Counsel appearing for respondent No. 5 submitted that 166 persons have entered into agreement and instead of alternate land/plot, they have accepted amount of Rs.50,000/- each from respondent No.5, meaning thereby 47 persons who did not enter into agreement with the Corporation are left out. 5. From the submissions made and affidavit in reply filed by the State, we find that it is the primary responsibility of the State to rehabilitate the petitioners in Writ Petition Nos. 5325 of 2008 and 5326 of 2008. In view of the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, the responsibility of the State is clearly reflected. The State has also shirked its responsibility. The acquisition proceedings were initiated to rehabilitate these persons. Instead of acquiring land for the said purpose, the State Government wants to utilize Gat No. 110 of village Nimkheda 12 Bk., the Government land so as to reduce financial burden of the State. If this is to happen then we do not find any illegality in the approach of the State. The State shall rehabilitate these persons in Gat No. 110 or by acquiring land for the said purpose as was done before but the said exercise has to be completed expeditiously so that purpose and object behind the Act namely Maharashtra Project Affected Persons Rehabilitation Act, 1999 is achieved. Needless to mention that the petitioners are project affected persons and their rehabilitation is essential. 6. We, therefore, direct the State and its authorities namely the Collector, Jalna and the Special Land Acquisition Officer, Jalna to take effective steps at the earliest, at any costs, within period of three months from the date of receipt of this order, to rehabilitate the petitioners. 7. In case, the State decides to acquire the land 13 for the purpose of rehabilitation then urgent steps shall be taken to complete the acquisition proceedings by passing award without any further delay. 8. Rule made absolute, in above terms. [K.K. TATED, J.] [NARESH H. PATIL, J.] SUT/JUNE10/wp5325.08