AI Overview...
-
Project Affected Person (PAP) - Definition and Eligibility: Multiple sources clarify that a PAP is an individual whose land or property is acquired for a project under relevant laws like the Maharashtra Project Affected Persons Rehabilitation Act, 1986/1990, and the Land Acquisition Act. Eligibility for certificates or employment depends on the acquisition and inclusion in official records HANUMAN RAMAJI CHIKANKAR Vs THE STATE OF MAHARASHTRA,THR. ITS SECRETARY MINISTRY OF ENERGY and POWER AND OTHERS - Bombay, Collector, Amravati Camp VS Sau. Vimal Devidas Kale - Bombay, Kisan Paraji Nimase and another VS State of Maharashtra and others - Bombay, ASHOK KURIAN PANJIKKARAN vs BHARAT PETROLEUM CORPORATION LTD, & ORS - Kerala.
-
Certificate of Project Affected Person - Issuance and Denial: Courts have examined whether individuals, including family members of PAPs, are entitled to certificates. Denials often hinge on omission from official lists or failure to meet procedural requirements. For example, a petitioner’s request was denied due to omission of their name in acquisition records HANUMAN RAMAJI CHIKANKAR Vs THE STATE OF MAHARASHTRA,THR. ITS SECRETARY MINISTRY OF ENERGY and POWER AND OTHERS - Bombay, Hanuman Ramaji Chikankar VS State of Maharashtra - Bombay.
-
Employment and Benefits - Rights of PAPs: Several cases involve claims for employment or reservation under schemes for PAPs. Courts have considered whether family members, such as sons or daughters, are eligible for employment or reservation benefits, with decisions often dependent on whether they are recognized as PAPs in official documentation. For instance, a son’s eligibility for employment was contested based on his status as a family member, not directly as a PAP ASHOK KURIAN PANJIKKARAN vs BHARAT PETROLEUM CORPORATION LTD, & ORS - Kerala, Kundlik S/o Kosru Mate VS State of Maharashtra - Bombay.
-
Legal and Procedural Issues - Interpretation of Laws: Courts have interpreted provisions of the Maharashtra Act and related schemes, emphasizing that eligibility for certificates or benefits requires proper documentation and inclusion in official acquisition records. Some petitions for mandamus or relief have been granted when authorities failed to recognize valid PAP claims Subhash S/o Eknath Nafade VS State of Maharashtra - Bombay, Hanuman Ramaji Chikankar VS State of Maharashtra - Bombay.
-
Main Insights:
- Eligibility as a PAP hinges on land acquisition records and formal recognition.
- Family members may claim benefits if recognized as PAPs or included in official schemes.
- Denials often result from procedural lapses or omission from official lists.
- Courts have upheld the rights of genuine PAPs and their families to certificates and employment benefits under relevant laws.
Analysis and Conclusion: The legal framework surrounding Project Affected Persons emphasizes the importance of proper documentation and official recognition for entitlement to certificates, benefits, and employment. Courts tend to favor genuine claims when supported by appropriate records, but procedural lapses or omissions can lead to denial. Therefore, individuals claiming status as PAPs or related benefits must ensure their inclusion in official acquisition records and adhere to procedural requirements to secure their rights.
Search Results for "Project Affected Person"
2023 Supreme(Online)(Bom) 7936 • India - Bombay High Court
HON'BLE SHRI JUSTICE ROHIT BABAN DEO,HON'BLE SHRI JUSTICE YANSHIVRAJ GOPICHAND KHOBRAGADE
Issues: Whether the petitioner was entitled to a certificate of 'Project Affected Person' under the Maharashtra Project Affected ... PROJECT AFFECTED PERSON - LAND ACQUISITION - CERTIFICATE: The petitioner's father's land was acquired for the construction of ... The petitioner sought a certificate of 'Project Affected Person' from the Collector, but it was denied on the ground that the land
2014 0 Supreme(Bom) 893 • India - Bombay
A.P.BHANGALE
Project Affected Person - Maharashtra Project Affected Persons Rehabilitation Act, 1986 - Section 2(2)(c)(i), Maharashtra Resettlement ... affected person under the relevant acts. ... Maharashtra Project Affected Persons Rehabilitation Act, 1986. ... The question arose in this appeal is, whether the lower Courts were justified to consider the case of the plaintiff as the project ....
1997 0 Supreme(Bom) 601 • India - Bombay
A.D.MANE, B.H.MARLAPALLE
PROJECT AFFECTED PERSON - REHABILITATION ACT - SECTION 2(10), 2(2) - DEFINITION OF PROJECT AND AFFECTED PERSON - INTERPRETATION ... was entitled to a certificate as a Project Affected Person. ... Affected Person, and awarded no costs. ... which is incidental or supplemental to the execution of a project; and which may be used for such project, as affe....
2014 Supreme(Online)(KER) 34944 • India - High Court of Kerala
A.V.RAMAKRISHNA PILLAI, J
Affected Person. ... Issues: Whether the petitioner, as the son of a Project Affected Person, is entitled to employment under the scheme despite ... Employment - Project Affected Persons - None Fact of the Case: The petitioner sought appointment as Management Trainee ... Affected Person as provided under Ext.P2 scheme. ... However, the Land acquisition authorities omitted to incorporate the name of the petitioner....
2015 0 Supreme(Bom) 1843 • India - Bombay
S.S.SHINDE, A.M.BADAR
affected person. ... Appointment - Project Affected Category - Maharashtra Project Affected Persons Rehabilitation Act, 1999, Section 2, Section 6 ... However, her appointment was denied on the grounds of being a married daughter of a project affected person. ... It is submitted that, on the date of declaration of final selection list, the petitioner submitted her certificate of project ....
2023 0 Supreme(Bom) 28 • India - Bombay
ROHIT B. DEO, Y. G. KHOBRAGADE
Project Affected Person - Rule made returnable forthwith - Heard finally by consent of learned Counsel for parties – Held, Considering ... being ‘Project Affected Person’, whose land acquired by Board for purpose of road, railway line, rope-way, canal and pipelines - ... Therefore, considering provisions of Act and Circular, petitioner is entitled for certificate of ‘Project Affected Person’ for acquisition ... the petitioner is not....
2022 0 Supreme(Bom) 716 • India - Bombay
ANIL L.PANSARE, RAVINDRA V.GHUGE
Mandamus - Project Affected Person Certificate - Maharashtra Project Affected Persons Rehabilitation Act, 1999 - 1074@3500@1, ... 20 ekpZ 1975 e/;s - Summary: The court discussed the definition of 'affected person' and 'family' under the Maharashtra Project Affected ... Fact of the Case: The petitioner, a senior citizen, sought a mandamus for the issuance of a Project Affected ....
2018 0 Supreme(Bom) 1505 • India - Bombay
B.P.DHARMADHIKARI, SWAPNA JOSHI
affected person. ... this Court is father of petitioner No. 2 - Petitioner No. 2 has secured Government employment as Project-affected person and has ... It is not the case of respondents that any other family member has received job with it as project affected person - Court quash ... It is not the case of respondents that any other family member has received job with it as project affected person#HL_END....
• India - Bombay
... Scheme of Reservation of Project Affected person-Reservation of ... 3 Seats for Project Affected person-Filling of two Seats-Denial of opportunity of selection to petitioner though gelling higher marks ... grandson of Project Affected person-Held, son had more preferential right from grandson under the scheme-Distinction makes the petitioner
2025 Supreme(Bom) 780 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE
(A) Constitution of India - Article 226 - Land Acquisition Act, 1894 - Project Affected Person Rehabilitation Act, 1999 - Petition ... challenging denial of employment to Project Affected Person based on stale claims - Petitioner’s father’s land acquired ... (Paras 20, 21) ... ... Facts of the case: ... The petitioner, a Project Affected Person, sought ... Cause of Action: The name of Petitioner is still in the unemplo....
Filter by Legal Phrase
