JUDGMENT :

Jitendra Jain, J.

By this petition under Article 226 of the Constitution of India, the Petitioner, has prayed for the following reliefs:-

(a) Your Lordship may be pleased to issue an appropriate writ, order or direction and direct the Respondents to allot 60R. agricultural land as a shortfall as a Project Affected Person, as per Demand Application dated 17.1.2020, Exhibit “B” to the petition filed by the Petitioner;

(b) pass such other and further order as this Hon’ble Court may deems fit and proper in the facts and circumstances of the case.”

2. It is the Petitioner’s case that her (late) father owned land admeasuring 1H. 0.49R. from Gat number 166 at Village Bambarde. The said land was acquired in 1983 under the Land Acquisition Act for constructing dam and, in lieu thereof, 0.60R land was allotted at Village Ekondi. As per the Maharashtra Project Affected Persons Rehabilitation Act, 1999, her late father was entitled to 1H. 0.20R. land whereas only 0.60R. land was allotted. Therefore, she is entitled to balance 0.60R. Land, which she had claimed vide application dated 17th January 2020 and, till today, she has not been allotted the shortfall land of 0.60R. nor her application dated 17th January 2020 is considered till date.

3. The Respondents have contended that this petition is not maintainable on account of gross delay and laches inasmuch as the Petitioner is seeking benefits under an award made under the Land Acquisition Act in the year 1983 and there is no explanation for making an application in the year 2020, which is after a period of 37 years of passing the award. It is further contended that even if the year 1999 is considered, the application made to Respondent No.1 is after more than 20 years and which delay has not been explained. It is, hence, contended that the petition be dismissed on account of gross delay.

4. We have heard learned Counsel for the Petitioner and the Respondents and have also perused the record.

5. The land of the Petitioner’s father was acquired in the year 1983. At the relevant time, the Maharashtra Resettlement of Project Displaced Persons Act, 1976 (“1976 Act”) was in force. Section 10 of the said Act provided that the State Government shall resettle as many displaced persons as possible on land in the benefited zone or in other villages or areas in accordance with the provisions of the said Act and the rules made thereunder. Section 11 provided for notification declaring that the provisions of this Act shall apply in relation to the project specified in the notification and the said declaration shall also be published in the villages or areas, which are likely to be affected. Section 12 of the said Act restricted transfer, sub-division or participation of land in the benefited zone except with the permission of the State Government. Section 13 provides for assessment of extent of land from which persons have been displaced and the extent of land available for resettlement. After the said assessment, under Section 14, the State Government is to notify the area, which is required for the project and which would be adversely affected by the project and also invite objections and suggestions to the same. Section 15 provides for final declaration of affected zone and benefited zone and power to make changes in such zones by the State Government. Section 16 provides that the State Government may enter into an agreement with any person for the purchase or exchange of any land required for carrying out the purposes of the Act. Section 16 also empowers the State Government to compulsorily acquire land under the Land Acquisition Act and the said acquisition is deemed to be a public purpose within the meaning of the Land Acquisition Act. Section 17 provides for extent of land to be granted to displaced persons. According to the provisions of Part I of Schedule B of the said Act and subject to such conditions as may be prescribed. Section 17(6) provides that in granting alternative land to a dis