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2023 Supreme(Bom) 2074

G. S. KULKARNI, JITENDRA JAIN
Manik Chandru Deokar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Sandeep M.Pathak, Advocate, Sachin H.Kankal, Advocate, Sandeep S.Salunkhe, Advocate

JUDGMENT/ORDER

JITENDRA JAIN, J. - By this petition under Article 226 of the Constitution of India, the Petitioner prays for quashing of the orders dtd. 17/12/2019 and 24/11/2015 passed by Respondent No. 4, by which allotment of land No.82 admeasuring 2500 sq.ft. is sought to be cancelled. He further prays for issuance of writ of mandamus for allotment of balance land of 1500 sq.ft., as the Petitioner is entitled for 8000 sq. ft. land and he has been allotted only 6500 sq.ft. till date, in lieu of the Petitioner's land acquired long back.

2. Narrative of the relevant events :-

    (i) The Petitioner's land and residential house situated at village Sugaon, Khed Bhose, Taluka Pandharpur, District Solapur was acquired for Ujjani Dam Project. The family of the Petitioner consisted of 15 persons. The Petitioner, therefore, was entitled to alternate land admeasuring 8000 sq.ft. under the Maharashtra Resettlement of Project Displaced Persons Act, 1976 as further replaced by the 1989 Act and 1999 Act (for short 'Resettlement Act").

(ii) In the year 1976, the Petitioner was first allotted plot, being Plot No.82 admeasuring 2, 500 sq.ft. at village Sugaon, Khed-Bhose, Taluka Pandharpur, District S

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