1 wp228.08 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 228 OF 2008 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri A.B. Kale, Advocate for the petitioner. Shri N.B. Patil, A.G.P. for respondent/State. Shri P.S. Pawar holding for Shri K.B. Jadhav, Advocate for respondent no.5 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 19th July, 2011. . The petitioners before us have contended in the Petition that they have been occupying the present land, which is Gut No. 52/3 in Karajgaon, Tq. Newasa for years together, after they had to vacate their lands, which were acquired for various projects. Several contentions have been raised in the Petition namely (i) that since the petitioners are project affected persons, they are entitled to alternate land once they have been removed from the lands owned by them which have been acquired by the Government. (2) That because they have been utilising and occupying the land bearing Gut No. 52/3 in Karajgaon, Tq. Newasa, they are entitled 2 wp228.08 to continue on that land and cannot be considered as encroachers. 2. The State has issued individual notices to each of the petitioners on 30th June, 2007, requiring each of them to vacate the land bearing the aforesaid survey number. 3. Instead of replying those notices, the petitioners have approached this Court, immediately. Interim relief has not been granted to them. However, it appears that the State has not taken any action on the basis of the notices issued to the petitioners. 4. In our opinion, the present Petition can be conveniently disposed of, with the following order : (i) The State will consider the Petition and its Annexures to be the reply of the petitioners to the notices issued by the State on 30th June, 2007 to each of them. (ii) Any of the petitioners, who wants to file additional documents, may do so within four weeks from today. 3 wp228.08 (iii) The Collector or the Competent Officer will hear the petitioners and pass appropriate orders with respect to the notices issued on 30th June, 2007. While doing so, the Collector or the Competent Officer will first decide whether (i) the petitioners were in fact project affected persons and are therefore, entitled for alternate lands and (ii) whether if the petitioners are entitled to alternate land, they can be accommodated on the land bearing Gut No. 52/3 in Karajgaon, Tq. Newasa. 5. The Petition is disposed of, accordingly. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/wp228.08