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1997 Supreme(Bom) 601

A.D.MANE, B.H.MARLAPALLE
Kisan Paraji Nimase and another – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.D. MANE, J.:---This petition arises out of rejection of petitioner's request to issue a certificate as Project Affected person.

2. The petitioner is an agriculturist and he possesses lands situated at village Karjune Khare, Taluka Nagar. The petitioner submits that total 5 acres and 27 gunthas lands out of Survey Nos. 241/3, 241/5, 241/7, 237/2 and 258/14 were acquired for the defence project. The Special Land Acquisition Officer No. 1, Ahmednagar, issued a certificate on 2-6-1997 stating that the petitioner's land was acquired for K.K. Ranges Project. The petitioner, relying upon the said certificate, Exhibit 'A' annexed with the petition, submits that the respondent No. 3 -District Rehabilitation Officer - is empowered to issue the certificate as Project Affected person. Petitioner's application, however, was rejected for issuance of certificate as Project Affected person by communication received by him from the Tahsildar on 14-8-1994 informing that in the record of rights the entry in the name of 'Defence Department' was entered into.

3. The petitioner applied to the respondent No. 3 the District Rehabilitation Officer, Ahmednagar on 4th June 1997 for issuance of

























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