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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, KAMAL KHATA
Navji Krushna Vanghare, Since deceased through legal heirs Shankar Navji Vanghare – Appellant
Versus
Deputy Collector, Rehabilitation, Pune – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Petition, the Petitioners seek directions to the Respondents to issue Notice under section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (“the Rehabilitation Act”) and to allot the Petitioners land in the beneficial zone of the said irrigation project, upon the Petitioners communicating their willingness and depositing 65% of the amount of compensation received by them.
2) The Petitioners claim to be owners of land bearing Survey No 134, admeasuring 1H 45.5 Are, and Survey No.130/6, admeasuring 0H 15 Are, both situated at village Dehane, Taluka Khed, District Pune. The Petitioners’ lands were acquired for Chaskaman Irrigation Project vide Awards bearing No. Land Acquisition Act (7) SR 111-85 dated 31st March 1989 by the Special Land Acquisition Officer No. 7, Pune.
3) Ms. Harpale, learned Advocate appearing for the Petitioners, submitted that the provisions of the Rehabilitation Act are applicable to Chaskaman Irrigation Project and that the Petitioners are, therefore entitled to alternate land by way of rehabilitation. According to her, the Project Affected Person (‘PAP’) does not forfeit the right to claim alternat
Rehabilitation claim under 1999 Act dismissed due to 33-year delay from 1989 acquisition, compensation accepted without protest, Act's non-retrospective effect, and no prior application.
Claims for alternate rehabilitation land under 1999 Act barred by 45-50 year delay and laches from 1972/1977 acquisitions, original owners' acceptance of compensation without protest, and non-retrosp....
Writ petition dismissed due to inordinate 63-year delay and laches; rehabilitation statutes lack retrospective effect on prior land acquisition awards attaining finality.
The State has a duty to provide timely rehabilitation and fair compensation to project-affected persons, adhering to principles of natural justice.
The central legal point established in the judgment is the dismissal of the petition due to delay and laches, highlighting the importance of timely legal action in seeking compensation for land acqui....
Delay and laches cannot bar compensation claims for land taken without due process, as constitutional rights must be upheld.
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