1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5585/2009. Arvind Yashwantrao Deshpande -: versus :- The State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 5, 2010. Heard Shri R.R. Deshpande, learned counsel for petitioner and learned A.G.P. for respondents. This Court has issued notice for final disposal on 12.01.2010. Petitioner is the person who has shifted out of Maharashtra permanently and wants to dispose of his land at Mouza Anjankhed, Tahsil Arni, District Yavatmal. He filed his own affidavit and affidavit of purchaser also, stating that the transaction of sale and purchase shall not in any way prejudice the rights and claim of respondents and the respondents will be in position to implement the project for which the land is reserved. Shri Deshpande, learned counsel for petitioner contends that in view of this express affidavit and undertaking provisions of Section 12[2] of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 are not 2 violated and hence refusal of permission by respondents vide the impugned order dated 04.09.2009 is unsustainable. Learned A.G.P. on the other hand points out that the total land with the petitioner was 4.53 hectors and it falls in benefitted zone. As per provisions of law, part of it is reserved for allotment to those whose lands are lost because they are situated in affected zone. He points out that on earlier occasion, after noting that 1.80 hectors falls in such reserved land, permission to transfer 2.79 hectors was given to the petitioner. He therefore, states that the remaining land of 1.80 hectors with petitioner is required for allotment to others as per Scheme and hence it cannot be allowed to be transferred. He invites attention to the impugned order to show that out of 1.80 hectors, .80 hectors is reserved for allotment to those in affected zone, while 1 hector is reserved for subsistence of petitioner. I have perused the papers. It is apparent that respondent no.2 granted permission to sell 2.7 hectors land on earlier occasion and balance 1.80 hectors was retained with the petitioner. Out of that 1.80 hectors, 1 hector land is meant for subsistence of petitioner himself, while .80 hector is for allotment to others. These facts are not in dispute. Provisions of Section 12[2] of the Act, permit Commissioner/ Collector to refuse such permission to transfer, if the permission it likely to defect the object of the Act. It also enables that Authority to impose suitable conditions to implement or achieve the purpose of the Act. In present circumstances, when purchaser himself is ready and willing to purchase the encumbered land i.e. land on which there is reservation according to respondents, rights and obligation of 3 respondent in the matter are not at all affected. Even if ultimately some land is required to be kept for persons in affected zone, the purchaser is ready and willing for it. 1 hector land is for subsistence of petitioner and therefore it goes to purchaser. In these circumstances, Section 12[2] could not have been resorted to as proposed transfer does not in any way defeat the very object of the Act. The respondents therefore to verify from purchaser whether he is ready and willing to purchase the encumbered land and if they found that he is so ready and willing, obtain an undertaking from him in that respect and after completing necessary formalities to grant permission to petitioner to complete the sale transaction. As petitioner has already shifted out of Maharashtra and land is not of any use to him, all steps in this matter be taken as early as possible and in any case by 31.05.2010. Parties to appear before respondent no.2 on 26.04.2010 and to abide by its further instructions in the matter. The impugned order dated 04.09.2009 is accordingly quashed and set aside for said purpose. Writ Petition is allowed in the aforesaid terms. Rule accordingly. No cost. Certified copy expedited. JUDGE Rgd.