Case Note & Summary
The petitioners, eight villagers of Jiwnapur, Tahsil Kuhi, District Nagpur, filed a writ petition seeking resettlement benefits under the Maharashtra Project Affected Persons Rehabilitation Act, 1999. They were being displaced due to submergence caused by the Gosi Khurd Dam on the river Vainganga. The petitioners raised three grievances: (1) the plots handed over for house construction were uneven and not leveled; (2) basic amenities like water, electricity, and roads were not provided; and (3) the resettlement site was not properly developed. The respondents, including the State of Maharashtra and the Vidarbha Irrigation Development Corporation, argued that under a government resolution dated 12.8.1967, leveling of plots was the responsibility of the villagers themselves. The court, after hearing counsel for both sides, held that the government resolution required the authorities to arrange for leveling of plots and provide amenities. The court directed the respondents to level the plots and provide water supply, electricity, and approach roads within three months. The petition was disposed of with these directions.
Headnote
A) Rehabilitation Law - Resettlement of Project Affected Persons - Obligation to Level Land - Maharashtra Project Affected Persons Rehabilitation Act, 1999 - The court considered whether the authorities must level plots provided to villagers for house construction. The court held that the government resolution dated 12.8.1967 requires the authorities to arrange for leveling of plots, and the villagers cannot be expected to bear the cost. The court directed the respondents to level the plots within three months. (Paras 2-3) B) Rehabilitation Law - Resettlement of Project Affected Persons - Provision of Amenities - Maharashtra Project Affected Persons Rehabilitation Act, 1999 - The court examined whether the authorities must provide basic amenities like water, electricity, and roads in the resettlement area. The court held that the Act and government resolutions mandate the provision of such amenities. The court directed the respondents to ensure water supply, electricity, and approach roads within three months. (Paras 2-3)
Issue of Consideration
Whether the respondent authorities are obligated to level the plots handed over to the petitioners for house construction and provide basic amenities like water, electricity, and roads under the Maharashtra Project Affected Persons Rehabilitation Act, 1999.
Final Decision
The court allowed the petition and directed the respondents to level the plots and provide water supply, electricity, and approach roads within three months.
Law Points
- Rehabilitation of project affected persons
- resettlement obligations
- land leveling
- provision of amenities
- Maharashtra Project Affected Persons Rehabilitation Act
- 1999
