Case Note & Summary
The petitioners, claiming to be project affected persons, filed writ petitions under Article 226 of the Constitution of India seeking a direction to the respondents to issue a notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 (the 1999 Act) and to allot alternate land. The petitioners' lands were acquired for the Chaskaman Irrigation Project, with awards passed on 21 March 1989 and 31 March 1989. The petitioners contended that they never received a notice under Section 16(2)(a) of the 1999 Act, which requires the Collector to prepare rehabilitation proposals and publish a notice calling upon affected persons to communicate willingness to accept alternate land. The respondents argued that the petitioners had already received compensation and that the 1999 Act was not applicable retrospectively. The court analyzed Section 16(2)(a) of the 1999 Act and held that the provision imposes a mandatory duty on the respondents to issue a notice to project affected persons. The court rejected the respondents' argument that the Act was not applicable, noting that the Act came into force in 1999 and the petitioners' lands were acquired earlier, but the right to rehabilitation under the Act is a continuing right. The court directed the respondents to issue the notice under Section 16(2)(a) within four weeks, and upon the petitioners communicating their willingness and depositing 65% of the compensation amount, to allot alternate land within three months. The petitions were disposed of accordingly.
Headnote
A) Rehabilitation Law - Project Affected Persons - Notice under Section 16(2)(a) - Maharashtra Project Affected Persons Rehabilitation Act, 1999, Section 16(2)(a) - The court considered whether the respondents were required to issue a notice under Section 16(2)(a) of the 1999 Act to the petitioners, who are project affected persons, calling upon them to communicate their willingness to accept alternate land. The court held that the respondents were obligated to issue such a notice and that failure to do so violated the petitioners' rights. The court directed the respondents to issue the notice within four weeks, and upon the petitioners communicating willingness and depositing 65% of the compensation amount, to allot alternate land within three months. (Paras 1-12)
Issue of Consideration
Whether the respondents were obligated to issue a notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 to the petitioners, who are project affected persons, calling upon them to communicate their willingness to accept alternate land, and whether failure to do so entitles the petitioners to relief.
Final Decision
The court allowed the petitions and directed the respondents to issue notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 to the petitioners within four weeks. Upon the petitioners communicating their willingness and depositing 65% of the compensation amount, the respondents shall allot alternate land within three months.
Law Points
- Right to rehabilitation of project affected persons
- Obligation to issue notice under Section 16(2)(a) of Maharashtra Project Affected Persons Rehabilitation Act
- 1999
- Entitlement to alternate land upon deposit of 65% of compensation
