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HIGH COURT OF BOMBAY
M.S. SONAKHON'BLE, JITENDRA SHANTILAL JAIN
WAMAN GANAPATRAO KADAM (SINCE DECEASED THROUGH LEGAL HEIRS) R.W. KADAM – Appellant
Versus
STATE OF MAHARASHTRA THROUGH THE PRINCIPLE SECRETARY – Respondent
JUDGMENT :
M. S. Sonak, J.
1. Heard learned counsel for the parties.
2. Rule. The rule is made returnable immediately at the request of and with the consent of learned counsel for the partiers.
3. The Petitioners are the legal heirs of the late Wamanrao Ganpatrao Kadam, who owned the lands measuring 13 Ha 37 acres at village Velhe, Taluka Javli, District Satara, Maharashtra. These lands were acquired for the Koyna Project by an Award bearing No. LQ-5R-48 dated 17 January 1961. The Petitioners claim they have received neither compensation nor a rehabilitation plot in lieu of such an acquisition.
4. The Petitioners rely on a Government policy decision to rehabilitate the persons affected by the Koyna Project. Based on this policy, the Government earmarked the lands bearing Survey Nos. 266/10, 277/3, 248/22, 253/10, 253/11, 253/12, 46/1 and 71 situated at village Pendhar, Taluka Panvel, District Raigad, for rehabilitation.
5. Since there was no dispute about the Petitioner's eligibility and entitlement, the third Respondent, by order dated 31 November 2017, under the above policy, allotted the following lands to the Petitioners: -
| Sr.No. | Survey No. | Total Area | Area |
| 1 | 266/10 | 0.10.60 H | 0.10.60 H |
| 2 | 277/3 | ||
The State has a duty to provide timely rehabilitation and fair compensation to project-affected persons, adhering to principles of natural justice.
Conditions for land allotment under rehabilitation laws must be reasonable and not arbitrary, especially when they affect the fundamental rights of displaced persons.
The State cannot dispossess individuals of property without proper legal processes, affirming the entitlement to compensation for land occupied without due course of law.
The judgment establishes the importance of proving actual land allotment and possession in cases of rehabilitation schemes and the validity of administrative orders changing land use.
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
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