Digitally signed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2025.02.24 14:53:22 +0530 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5273 OF 2024 Waman Ganpatrao Kadam ] Since deceased through legal heirs ] (a) Rajesh Wamanrao Kadam ]

Aged : 46 years, Occ : Agriculture ]

(b) Nilesh Wamanrao Kadam ]

Age 44 years, Occ : Agriculture ]

(c) Neelam w/o Nandkumar Shinde ]

Age : 55 years, Occ : Agriculture ]

(d) Archana w/o Ashok Shinde ]

Age : 52 years, Occ : Agriculture ]

]

All R/o : Koyna Velhi (Ghot Camp) ]

Taluka, Panvel, Dist. Raigad. ]…..Petitioners Versus

1] The State of Maharashtra, ]

Through the Principal Secretary ] Ministry of Relief and ] Rehabilitation Department, ] Government of India, ] NCRMP Office, First Floor, ] Dilwara CHS, M K Road, ] Mumbai – 400 021 ]

]

2] The Under Secretary, ]

Revenue and Forest Department ] (J-10), Mantralaya, Mumbai ]

]

4] The Additional Collector, Raigad ]…..Respondents ______________________________________________________

Ms Poonam Bodke Patil (Through V. C.), for the Petitioners.

Mr R S Pawar, AGP for the Respondents-State.

______________________________________________________

CORAM M.S. Sonak &

Jitendra Jain, JJ.

DATED: 21 February 2025 ORAL JUDGMENT :- (Per 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: -

6. However, On 10 January 2019, the third Respondent, without even minimum compliance with the principles of natural justice and fair play, cancelled the allotment order dated 31 November 2017. The grounds for cancellation stated were that the allotted land was uneven, the area was not contiguous, or there were some constructions thereon.

7. The Petitioners challenged this cancellation order dated 10 January 2019 by instituting Writ Petition LDVC No.160 of 2020. By order dated 15 October 2020, the Petition was allowed, the cancellation order dated 10 January 2019 was set aside, and the Respondents were given liberty to decide the matter afresh by providing the petitioners with an opportunity of hearing.

8. During the hearing, several queries were raised. The Petitioners submit that those queries were satisfactorily responded to. Despite such satisfactory response, by order dated 02 August 2022 (Exhibit-C, at pages 23 to 26), a reference has been made under Rule 50 of The Maharashtra Land Revenue (Disposal of Government Land), 1971, Rules and Government Resolution dated 14 June 2022 to the State Government for deciding the issue of allotment of lands by way of rehabilitation to the Petitioners.

9. Ms. Poonam Bodke Patil, the learned counsel for the Petitioners, submits that the issues of eligibility and allotment to the Petitioners were already settled, and there was no dispute regarding the same. In such circumstances, there was no question of issuing the impugned order dated 02 August 2022 referring the matter to the State Government. She submitted that, admittedly, the Petitioners are p