Case Note & Summary
The petitioner, Subhash S/o Eknath Nafade, a 73-year-old senior citizen, filed a writ petition before the Bombay High Court at Aurangabad seeking a writ of mandamus directing respondent No.2, the District Collector and Administrator, Rehabilitation, Jalgaon, to issue a Project Affected Person Certificate. The petitioner's land was acquired in the 1970s for an irrigation project. He claimed that despite the acquisition, he had not been issued the certificate, which is necessary for availing rehabilitation benefits. The petitioner had made a representation to the respondent, but no decision was taken. The court, after hearing the parties, observed that the petitioner is a senior citizen and his claim for the certificate should be considered. The court directed the respondent to decide the petitioner's representation within eight weeks from the date of the order, after giving an opportunity of hearing to the petitioner. The court did not express any opinion on the merits of the claim and left it to the respondent to decide in accordance with law. The writ petition was disposed of with these directions.
Headnote
A) Land Acquisition - Project Affected Person Certificate - Entitlement - Petitioner's land was acquired for an irrigation project in 1970s; he sought issuance of Project Affected Person Certificate for rehabilitation benefits - Court held that the petitioner is entitled to consideration of his claim and directed the respondent to decide his representation within 8 weeks - Held that the authority must consider the claim on merits without being influenced by delay (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to a Project Affected Person Certificate and consequential benefits despite the passage of time since acquisition.
Final Decision
The writ petition is disposed of. Respondent No.2 is directed to decide the petitioner's representation within eight weeks from the date of the order, after giving an opportunity of hearing to the petitioner. Rule is made absolute in those terms.
Law Points
- Project Affected Person Certificate
- Land Acquisition
- Rehabilitation
- Writ of Mandamus
- Limitation for claiming benefits
