Case Note & Summary
The petitioner, Hanuman Ramaji Chikankar, filed a writ petition before the Bombay High Court at Nagpur seeking quashing of the order dated 30/07/2020 passed by respondent No.2-Collector, Nagpur, refusing to issue a certificate of 'Project Affected Person' under Section 5(c) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. The petitioner also sought a direction to respondent Nos.3 and 4 (Maharashtra State Power Generation Company Limited and its Koradi Thermal Power Station) to provide him employment on compassionate basis in Class-III or Class-IV category. The petitioner's land bearing Survey No.127/2, admeasuring 1.28 HR, belonging to his father, was acquired in the year 1980 for the project of respondent No.4 for an aerial rope-way from Kamptee to Koradi. Respondent No.3 had formulated a policy for providing employment to one person from project affected families. The Collector refused to issue the certificate, leading to the petition. The Court, after hearing the parties, held that the petitioner is entitled to the certificate as his land was acquired for the project. The Court quashed the Collector's order and directed the Collector to issue the certificate within four weeks. Further, the Court directed respondent No.3 to consider the petitioner for compassionate appointment in Class-III or Class-IV category within eight weeks, considering his qualifications. The petition was allowed with no order as to costs.
Headnote
A) Project Affected Persons - Certificate of Project Affected Person - Section 5(c) of Maharashtra Project Affected Persons Rehabilitation Act, 1999 - The petitioner's land was acquired in 1980 for a project of respondent No.3. The Collector refused to issue the certificate. The Court held that the petitioner is entitled to the certificate as his land was acquired for the project and he is a project affected person. (Paras 2-5) B) Compassionate Employment - Policy of Respondent No.3 - The respondent No.3 formulated a policy for providing employment to one person from project affected families. The Court directed respondent No.3 to consider the petitioner for compassionate appointment in Class-III or Class-IV category considering his qualifications. (Paras 2, 6-7)
Issue of Consideration
Whether the petitioner is entitled to a certificate of 'Project Affected Person' under Section 5(c) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999, and consequential compassionate employment.
Final Decision
The writ petition is allowed. The order dated 30/07/2020 passed by respondent No.2-Collector is quashed and set aside. Respondent No.2 is directed to issue a certificate of 'Project Affected Person' to the petitioner within four weeks. Respondent No.3 is directed to consider the petitioner for compassionate appointment in Class-III or Class-IV category within eight weeks, considering his qualifications. Rule is made absolute in those terms. No order as to costs.
Law Points
- Project Affected Person
- Certificate of Project Affected Person
- Compassionate Appointment
- Maharashtra Project Affected Persons Rehabilitation Act
- 1999
- Section 5(c)
- Writ of Mandamus
