Bombay High Court
Namdeo Tukaram Kuttarwade ... vs State Of Maharashtra And Anr. on 15 June, 2007
Equivalent citations: 2008 (1) BomCR 884
Author: P N H.
Bench: P N H., B R.
JUDGMENT
Patil Naresh H., J.
1. Rule. Rule made returnable forthwith. The matter is taken up for final hearing with the consent of the parties.
2. Petitioner's land bearing Survey No. 5 to the extent of 2 H 40 Ares situated at village Mahinda, Tq. Ashti, Dist. Aurangabad was acquired by the State of Maharashtra for the purpose of construction of village tank. Petitioner received compensation in respect of the acquired land. The petition was owning the said property as joint family property. Petitioner contends that the petitioner's elder brother Sakharam Uttarwade received a notice from the Special Land Acquisition Officer.
3. Petitioner's son is in service of Zilla Parishad. His grand son Sanjay completed D. Ed and is in need of service. Therefore, the petitioner had applied for issuance of certificate as Project Affected Person to the office of respondent No. 2. Respondent No. 2 passed an order rejecting said application on the ground that certificate cannot be issued as the land was acquired for village tank. This communication of the respondent No. 2 is impugned in this petition.
4. Section 2(10) of the Maharashtra Project Affected Persons Rehabilitation Act, 1986 defines the term 'project' as:
(10) "project" means-
(a) an irrigation project, that is to say, the construction, extension, improvement or development of any work for the supply of water for the purpose of irrigation:
(b) a power project, that is to say, construction, extension, improvement or development of any work for the production or supply of electricity or any work conducive to electrical development:
(c) a public utility project, that is to say, any work of the construction, extension, improvement or development of public utility other than irrigation project and power project; or
(d) any composite project of any of the two or more such projects; and includes any work of construction, extension, improvement or development which is incidental or supplemental to the execution of a project; and which results in rendering the holders or occupants of land, which may be used for such project, as affected persons and in respect of which a notification is issued under Section 11.
5. Considering the purpose of the enactment and the provisions of Section 2(10) of the Maharashtra Project Affected Persons Rehabilitation Act, 1986, we are convinced that the village tank would be a public utility project which is constructed for the benefit of the entire village. We may refer to reported judgment in the case of Nagesh alias Satish Nagorao Pande v. State of Maharashtra through its Secretary and Anr. , wherein establishment of a medical college was considered to be a project by a Division Bench of this Court. In (Writ Petition No. 3404/2002), for considering the issue as to whether the additional water supply scheme would be considered as a project for granting benefit, the Division Bench observed that considering the definition of word 'project', the petitioners therein would fall under the expression project affected persons. The Division Bench while considering the said issue, considered both the Act of 1986 and the Act of 1999.
6. We find that the Act of 1986 was enacted to consolidate and amend the law relating to rehabilitation of persons affected by certain project in the State of Maharashtra and for the matters connected therewith or incidental thereto. The petitioner is entitled to receive the certificate as Project Affected Person. His request was rejected on the ground that as his land as acquired for construction of village tank, the certificate could not be granted. The view adopted by the authority is not correct. We, therefore, quash and set aside the order dt. 30-8-2006 passed by the Rehabilitation Officer.
7. We are of the view that the competent authorities of relevant districts, including Beed district shall be intimated the view adopted by this Court so that applications of deserving persons are not rejected by the authorities, on the ground that land was acquired for 'Village tank'. We direct the respondent No. 2 to issue certificate in favour of the petitioner as Project Affected Person as expeditiously as possible.
8. The Additional Government Pleader shall forward copy of this order to the Secretary of concerned Ministry of State of Maharashtra, who shall circulate the order to all District Rehabilitation Officers in the State of Maharashtra.
9. Rule made absolute in above terms. No order as to costs.
