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2012 Supreme(Bom) 746

MOHIT S.SHAH, ROSHAN DALVI
Pravin Kashinath Bhagat – Appellant
Versus
Collector, District Raigad Having his office at the Collector’s Office – Respondent


Advocate Appeared:
For the Petitioners:Ms. Gayatri Singh with Ms. Bhavana Mhatre, Advocates.
For the Respondents:R1, R3, R4 & R6, A.B. Vagyani, AGP, R2, Prashant Chavan with Ms. Shyamali Gadre i/b. Little & Co., Advocates, R7, S.G. Aney, Sr. Advocate a/w. C.S. Balsara & B.H. Antia & H.N. Vakil & Sunil Chavan i/b. M/s Mulla & Mulla & CBC.

Judgment :-

Roshan Dalvi, J.

1. The petitioners are residents of Taluka Alibag, District Raigad and are stated to be carrying on cultivation of agricultural land in villages Dherand, Mohte, Shahapur and Dhakte Shahapur more specially villages Dherand and Shahapur in Raigad District. These lands have been acquired by the State under Sections 32 and 33 of the Maharashtra Industrial Development Act, 1961 (MID Act) and under Sections 11, 13 and 14 of the Maharashtra Project Affected Persons Rehabilitation Act, 1986 (Rehab. Act) for a Power Project promoted and to be put up by respondent No. 7 and one Reliance Industries.

2. The petitioners claim that 906 landholders and 500 landless labourers and their families in the aforesaid villages have been affected by the said acquisition. The petitioners claim that they represent 70% of the affected persons.

3. The petitioners have challenged notifications dated 9/11/2006, 4/4/2008, 5/4/2008, 5/8/2008, 28/7/2009, 25/9/2009, 26/9/2009 and 18/12/2009 under Sections 32 and 33 of the MID Act and Sections 11 & 13 of the Maharashtra State Resettlement and Rehabilitation Act 1999 (Rehab Act).

4. Tata Power Company Ltd., respondent No.7 is to set up a





























































































































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