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2013 Supreme(Bom) 50

U.D.SALVI, R.M.BORDE
Digambar s/o Jaiwanta Langote – Appellant
Versus
State of Maharashtra, through its Chief Secretary – Respondent


Advocates appeared:
For the Petitioners:M.V. Deshpande, Advocate.
For the Respondents:R1 to R3, S.D. Kaldate, A.G.P., R4, S.G. Sangle, Advocate.

Judgment :-

R.M. Borde, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. Instant writ petition is presented by eleven agriculturists challenging the award passed by Sub Divisional Officer and Land Acquisition Officer, Degloor on 31.03.2010.

3. The impugned award is passed in respect of lands belonging to petitioners situate at village Bhendegaon Khurd, Tq.Mukhed, District Nanded, which are required for the purposes of resettlement of project affected persons.

4. It is not disputed that on earlier occasion, agricultural lands belonging to petitioners situate at village Bhendegaon Khurd have been acquired for submergence under Lendi Project by declaring the award on 30.11.2005. It is not a matter of dispute that Lendi Project is an Inter-State Project jointly executed by the State of Maharashtra and State of Andhra Pradesh. In view of acquisition of lands belonging to the petitioners for Lendi Irrigation Project, they are “affected persons” within the meaning of provisions of Maharashtra Project Affected Persons Rehabilitation Act, 1999. The subsequent acquisition of remaining lands belonging to the petitioners for r
























































































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