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2023 Supreme(Bom) 1254

G. S. KULKARNI, JITENDRA JAIN
Kaluram Mahadu Jadhav – Appellant
Versus
Deputy Collector (Rehabilitation) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gaurav Potnis with Mr. Harshad Sathe
For the Respondent: Mr. Drupad Patil with Mr. B.G. Ligade, Mr. Rajan Pawar, AGP for State.

JUDGMENT :

G.S.Kulkarni, J.

The judgment has been divided into the following parts:

 

Contents

Paragraphs Nos.

A

Preface

1 to 4

B

Facts

5 to 25

C

Reply-Affidavits of Rajaram and State Government and Rejoinder.

26 to 33

D

Submissions on behalf of petitioner Kaluram and others [Petitioners in Writ Petition No.9109 of 2021]

34

E

Submissions on behalf of Rajaram (Respondent No.2 in Kaluram’s petition and petitioner in Writ Petition No. 2876 of 2022).

35

F

Analysis and Conclusion.

36 to 55

A. Preface:-

1. The petitioners in these two petitions are seeking reliefs in respect of the same land, and in this regard the orders passed by the Revenue authorities exercising powers under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (for short, the “said Act”), are the subject matter of challenge in the present proceedings.

2. The petitioners in both the petitions are claiming to be project affected persons of an irrigation project known as “Bhama Aaskhed Project” (for short, the “said project”). They clai

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