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2007 Supreme(Bom) 191

F.I.REBELLO, S.J.VAZIFDAR
Rashtriya Chemicals & Fertilizers Limited – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

(PER F.I. REBELLO, J.)

1. Petitioner No.1 is a Government of India undertaking. It has factories at various places one such place being Thal, Taluka Alibaug, District Raigad. Petitioner No.2 is a shareholder. In or about 1978, about 259.83 hectares of land from the villages Thal, Boris-Gunjis and Navgaon, Taluka Alibaug, District Raigad was acquired by the State Government to enable Petitioner No.1 to set up their chemicals and fertilizers plant at Thal, Taluka Alibaug, District Raigad.

2. The State of Maharashtra has enacted various laws and has also issued Government resolutions for resolving the problems of the persons directly and indirectly affected due to acquisition of the lands for the purpose of certain projects. According to the Petitioners the gist of the above Government resolutions is that only one person per family of PAPs (Project Affected Persons) may be given priority in employment in Government service subject to such persons fulfilling the minimum educational requirements and fitness and other conditions. The Petitioners state that the That project of the Petitioners is not covered by various Acts. On account of acquisition of the lands, 385 families were

















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