Rohini Sampatrao Thewurkar vs The State Of Maharashtra And ...
2017 Latest Caselaw 2812 Bom

                                                                           WP 12481/15  
  
                                               - 1 -

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD               
                                              
                           WRIT PETITION NO.12481/2015

                  Rohini Sampatrao Thewurkar,
                  age major, occu.household,
                  r/o Danewadi Tq.Shrigonda
                  Dist.Ahmednagar.  
                                    ...Petitioner..
                         Versus

                          1]        The State of Maharashtra,
                                    (Revenue and Forest Department),
                                    through its Secretary, Mantralaya,
                                    Mumbai-32.

                          2]        The District Collector, Ahmednagar.

                          3]        The Deputy Collector
                                    (Resettlement Officer), Ahmednagar.

                          4]
                  The Special Land Acquisition Officer
                  No.1, Ahmednagar. 
                                     ...Respondents... 
                                                      
                          .....
Shri P.A. Bhosale, Advocate h/f Shri A.B. Kale, Advocate 
for petitioner.
Shri V.S. Badakh, AGP for respondent nos.1 to 4. 
                          .....
  
                       CORAM: ANOOP V. MOHTA &
                               SUNIL K. KOTWAL, JJ. 

DATE: 06.06.2017

ORAL JUDGMENT (Per Anoop V. Mohta, J.) :

1] Heard learned counsel for the parties. Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, the petition is taken for final

WP 12481/15

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hearing.

2] The petitioner - great grand daughter of Dhondiba Nathuji, a project affected person, has approached this Court as respondent no.3 rejected her application for a certificate of project affected person based upon the Government resolution dated 22.5.1996. 3] Respondent no.3 filed reply on 29.9.2016 and placed on record recent Government circular dated 2.5.2016 whereby the earlier circular is modified / clarified to the extent that the person like the petitioner i.e. the great grand daughter of original project affected person is also entitled for such certificate. However, submitted that the petitioner needs to apply afresh so that such request can be considered in the light of the Government resolution dated 2.5.2016.

4] Therefore, taking over all view of the matter, we are inclined to allow the petition with liberty to the petitioner to file a fresh application within three weeks. Respondent no.3 to decide the same and grant the certificate within four weeks thereafter in accordance with law. Present writ petition is allowed accordingly. No costs.

(SUNIL K. KOTWAL, J.) (ANOOP V. MOHTA, J.)

ndk/c661710.doc