1 WP No.8385/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8385 OF 2010 Ram Shankar Deshmukh & ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8356 OF 2010 Bababai Ganpat Pingale ... Petitioner versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8388 OF 2010 WITH CIVIL APPLICATION NO.470 of 2011 IN WRIT PETITION NO.8388 of 2010 Vishnu Y. Deshmukh, Deceased Vithal Vishnu Deshmukh & ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8390 OF 2010 Tukaram Baban Kharmare & ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH 2 WP No.8385/10 WRIT PETITION NO.8394 OF 2010 Yogiraj P.Deshmukh, deceased Abhinath Yogiraj Deshmukh and ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8395 OF 2010 Rupaji P.Deshmukh, deceased Vijay Rupaji Deshmukh and ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8396 OF 2010 Dattu/Dattatraya Dinkar Deshmukh & Anr ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8397 OF 2010 Shriram Mahadu Deshmukh ... Petitioner versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8398 OF 2010 Sonu Dhondu Deshmukh, deceased Prakash Sonu Deshmukh & Ors ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH 3 WP No.8385/10 WRIT PETITION NO.8399 OF 2010 Nathu Raghu Pingale ... Petitioner versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8400 OF 2010 Kisan Dashrath Pingale & Ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.8401 OF 2010 Shantaram Mahadu Pingale & Ors. ... Petitioners versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.9921 OF 2010 Laxman Baburao Kharmare ... Petitioner versus State of Maharashtra & ors. ... Respondents WITH WRIT PETITION NO.9922 OF 2010 Shankar Mahadu Kharmare ... Petitioner versus State of Maharashtra & ors. ... Respondents WITH 4 WP No.8385/10 WRIT PETITION NO.9923 OF 2010 Maruti Mahadu Kharmare ... Petitioner versus State of Maharashtra & ors. ... Respondents ... Mr.Arvind Purohit with Mrs.Pallavi H. Potnis and Mr.G.K.Maurya for the petitioners. Mr.N.P. Deshpande, AGP for respondent nos.1 to 4. CORAM : MOHIT S SHAH, C.J. & D.G. KARNIK, J DATED : 2nd May 2011. P.C. 1. Rule, returnable forthwith. Mr.Deshpande, learned AGP waives notice for respondent nos.1 to 4. 2. The petitioners owned agricultural land in a village Deshmukhwadi, Taluka, Khed, District Pune.. The lands were acquired by the State Government for submergence of Bhama- Askhed project. The Land Acquisition Officer declared his award on 1 December 1999 and possession was taken over by the State on or about 23 May 2000. The grievance in this petition is that under the provisions of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, (for short, “the Act”) a project affected person losing his land is entitled to get alternate land if he deposits with the Collector 65% of the amount of compensation which he received from the government for the land acquired from him or the 5 WP No.8385/10 likely cost of the land be granted to him, whichever is less but the petitioners’ right is denied. Learned AGP for the State submits that the right is forfeited in view of section 16(2) of the Act. Sub- section(2) of section 16 reads as under:- (2) An affected person eligible for the grant of land or plot under sub-section (1) shall forfeit his right to get the same if, (a) he fails to communicate his willingness to accept the grant of land or plot made to him, to the Collector within a period of 45 days from the date of receipt by him of a notice in that behalf from the Collector; or (b) he fails to deposit with the Collector, towards occupancy price of the land, sixty-five percent of the amount of compensation which he has received for his land which is acquired from him in the affected zone or of the likely cost of the land to be granted to him under sub- clause(a) of Sub-Section (1), whichever is less, at the time of payment of such compensation to such affected person.” 3. The petitioners’ case is that although the petitioners were paid compensation in the year 2000, petitioners were not given any notice by the Collector informing the petitioners about their 6 WP No.8385/10 entitlement to get alternate land. This statement made on oath in the memorandum of the petition is not controverted in the affidavit in reply filed by Tahsildar & Resettlement Officer, Ujani Project, Pune dated 21 March 2011. However, only on the ground that the requisite amount of 65% was not deposited by the petitioners within the time limit of 45 days, after receiving the compensation, it is contended by the respondents that the petitioners are not entitled to get the alternate land. 4. The statutory provisions are very clear and therefore limitation stipulated in sub-section (2) of section 16 of the Act will begin to run only after the Collector serves a notice upon the land losers as provided in section 16(2)(a). The learned AGP sought to contend that 65% amount is required to be deposited at the time when the land loser received compensation as provided under clause (b) of section 16(2). It is not possible to accept the above contention for the simple reason that the land loser will come to know about the entitlement to get alternate land only when he receives the notice in that behalf from the Collector as specifically provided under clause (a) of sub-section (2). Hence, it has to be held that for a land loser to forfeit his right to get alternate land under the provisions of the above Act, mere non deposit of 65% of the compensation at the time of receiving the compensation is not sufficient unless the land loser was given the notice under section 16(2)(a) by the Collector in the first place. In view of the above discussion, the petitions are allowed. 7 WP No.8385/10 5. The Collector, Pune shall give a notice to the petitioners under section 16(2)(a) for grant and allotment of land. The notice shall be given by Registered Post A.D or by hand delivery by 31 May 2011. It will be open to the petitioners to communicate the willingness to accept the grant of land within a period of 45 days from the date of receipt of such notice from the Collector. Petitioners shall also deposit with the Collector 65% of the amount of compensation received by them for the land acquired from them or the likely cost of land granted to them, whichever is less at the time of payment of such compensation to the petitioner. (CHIEF JUSTICE) (D.G.KARNIK, J)