SHAIKH VAJIR Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2021-6-146
HIGH COURT OF BOMBAY
Decided on June 16,2021

Shaikh Vajir Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.)The petitioner's land was acquired by the respondents for the purpose of construction of a bridge over a 'nala'. It is not in dispute that for such acquisition, the petitioner has duly been paid compensation in accordance with law.
(2.)Having received compensation, as awarded, the petitioner had applied on 12/08/2016 before the Collector, Beed for a "Project Affected Person" (hereafter "PAP", for short) Certificate. Provision for issuance of such a certificate, according to Mr.Thombre, learned advocate appearing for the petitioner, can be traced to a khs/Jun.2021/311 Government Resolution dtd. 03/05/2010. The Collector, Beed, by his order dtd. 07/10/2016 [appearing at page 35 of the writ petition], spurned the application of the petitioner on the ground that the relevant Government Resolution does not provide for grant of PAP certificate if the land is acquired for construction of a "bridge". This order dtd. 07/10/2016 has been assailed in this writ petition.
(3.)A reply has been filed on behalf of the respondents 2 to 4. Paragraphs 3 to 5 of such affidavit are relevant for a decision on this writ petition and hence are reproduced hereunder :-
"3. The deponent says and submits that, the application submitted by the petitioner for grant of Certificate of Project Affected Person was rejected by this deponent since the resolutions which lay down the guidelines for grant of such certificate do not at all mentions the category i.e. land acquired for construction of Bridge.

4. The deponent says and submits that, there is no Resolution providing for grant of Certificate to the persons, whose land is acquired for construction of Bridge.

5. The deponent says and submits that, the decisions relied upon by the petitioner are in respect of the lands acquired for construction of Village Tank and as such are not applicable to the present case."



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