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1994 DIGILAW 602 (BOM)

Nagesh alias Satish Nagorao Pande v. State of Maharashtra, through its Secretary and another

1994-10-07

B.N.DESHMUKH, T.K.CHANDRASHEKHARA DAS

body1994
JUDGMENT - B.N. DESHMUKH, J. :---Rule, returnable forthwith. 2. The land of the petitioner is acquired for Government Medical College at Nanded. Therefore, the petitioner wants a certificate as belonging to the category of Project Affected Person. The claim of the petitioner for the certificate is denied by the Collector, Nanded on the ground that the land of the petitioner is acquired for the purpose of Government Medical College and the same is not acquired for the purpose of project. Hence, he is held not entitled to have a certificate of Project Affected Person. 3. Our attention is invited to the definitions of "project" and, "affected person" under the Maharashtra Project Affected Persons Rehabilitation Act, 1986. Hence, he is held not entitled to have a certificate of Project Affected Person. 3. Our attention is invited to the definitions of "project" and, "affected person" under the Maharashtra Project Affected Persons Rehabilitation Act, 1986. The definition of "project" is given in sub-section (10) of section 2 of the said Act, which reads as under :--- ""Project means,--- (a) an irrigation project, this is to say, the construction, extension, improvement or development of any work for the supply of water for the purpose of irrigation; (b) a power project, that is to say, construction, extension, improvement or development of any work for the production or supply of electricity or any work conducive to electrical development; (c) a public utility project, this is to say, any work of the construction, extension, improvement or development of public utility other than irrigation project and power project; or (d) any composite project of any of the two or more such projects; and includes any work of constructions, extension, improvement or development which is incidental or supplemental to the execution of a project; and which may be used for such project, as affected persons and in respect of which a notification is issued under section 11;" The "Affected Person" is defined in sub-section (2) of section 2 of the Act, which reads as follows:- "Affected Person" means,--- "(a) an occupant whose land in the affected zone (including land in the gaothan) is acquired under section 14 for the purposes of a project; Explanation: For the purposes of this sub-clause, where any agricultural land is recorded in the relevant village records in the name of one of the brothers as a Karta or Manager of a Hindu Joint family then every brother (or son or sons of any deceased brother all together as one unit) who has a share in the land whether his name is recorded in such village record or not, shall be treated as affected person; (b) a person who is a tenant in actual possession of land under the relevant tenancy bye-law in the affected zone at the time of acquisition of land; (c) an occupant whose land in the benefited zone is acquired for construction, extension, improvement or development of canals and their banks under major or medium irrigation project or for establishment of a new goathan for rehabilitation of persons from affected zone, and whose--- (i) residual cultivable holding is reduced to less than 1 hectare after acquisition; or (ii) residual holding stands divided into fragments which are rendered unprofitable for cultivation; or (iii) residual holding is rendered uncultivable; Explanation: For the purposes of this sub-clause the expression "occupant" includes a tenant in actual possession of land under the relevant tenancy law in the benefitted zone at the time of acquisition of land; (d) a person who is an agricultural labourer; (e) a person, not being an occupant or a person referred to in sub-clauses (a), (b), (c) and (d), who for continuous period of not less that 5 years immediately before the date of publication of the notification under section 4 of the Land Acquisition Act, 1894, has been ordinarily residing or carrying on any trade, occupation or calling or working for gain in a goathan in the affected zone;" 4. Having regard to the definitions, even the land acquired for Government Medical College will have to be deemed as land acquired for a project and, as per the definition of affected person, the person whose land is acquired for the Medical College will have to be deemed as affected person. We, therefore, find that the order is passed contrary to the provisions of the said Act. 5. We, therefore, set aside the order contained in letter dated 3-4-1993, (Exh. E), and direct the concerned authorities to issue certificate to the petitioner as belonging to "Project Affected Person". 6. Rule Made absolute accordingly. Rule made absolute. *****