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2023 Supreme(Bom) 1368

G. S. KULKARNI, JITENDRA JAIN
Dnyanu Bhiku Tanpure Since deceased through LRs. Suresh Dnyane Tanpure – Appellant
Versus
Deputy Collector, Rehabilitation, Pune – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nitin P. Deshpande.
For the Respondents: M.S. Bane, Rajan S. Pawar.

JUDGMENT :

G.S. KULKARNI, J.

1. Both these petitions under Article 226 of the Constitution of India are praying for similar reliefs. For convenience, we note the prayers as made in Writ Petition No. 8192 of 2022 which reads thus:

    “(A) this Hon’ble Court may, by way of appropriate Writ Order or direction, direct the respondents to issue notice u/s 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 to the Petitioner and after the Petitioner communicate willingness and deposit an amount of 65% of the amount of compensation received by them further direct the respondents to allot to the Petitioner land in the beneficial zone of the said Irrigation Project.

(B) All other just and necessary Orders may kindly be passed in favour of the Petitioner.”

2. The petitioners claim to be the project affected persons. Insofar as the first petition is concerned, the petitioner therein is claiming rights qua the land in question through his predecessor Dnyanu Bhiku Tanpure. Insofar as the petitioner in the second petition is concerned, it is contended that he is claiming rights in respect of the land in question through his predecessor Shankar Abaji Kshisagar. It is contended th

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