Bombay High Court Allows Petition for Notice Under Section 16(2)(a) of Maharashtra Project Affected Persons Rehabilitation Act, 1999. Court directs respondents to issue notice to project affected persons before denying rehabilitation benefits.

High Court: Bombay High Court Bench: BOMBAY In Favour of Accused

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2026-05-18 23:33:12

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Case Note & Summary

The petitioners, legal heirs of a deceased project affected person, filed a writ petition seeking directions to the respondents to issue a notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. The petitioners claimed that they were entitled to rehabilitation benefits as project affected persons due to a government project. The respondents had not issued any notice under the said provision, and the petitioners sought compliance. The court, after hearing the parties, observed that Section 16(2)(a) of the Act requires the competent authority to give notice to the affected person before taking any decision regarding rehabilitation. The court held that the petitioners were entitled to such notice as a matter of right, and the respondents were directed to issue the notice within a specified period. The court emphasized that the provision is mandatory and must be complied with to ensure fairness and transparency in the rehabilitation process. The petition was allowed with directions to the respondents to issue the notice under Section 16(2)(a) within four weeks.

Headnote

A) Rehabilitation Law - Notice under Section 16(2)(a) - Right to Hearing - Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 - The petitioners, being project affected persons, sought issuance of notice under Section 16(2)(a) before denial of rehabilitation benefits. The court held that the provision mandates a notice to be given to affected persons before any decision affecting their rights, and failure to do so violates principles of natural justice. (Paras 1-5)

Issue of Consideration

Whether the petitioners are entitled to a notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 before their claim for rehabilitation is rejected.

Final Decision

The petition is allowed. The respondents are directed to issue notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 to the petitioners within four weeks.

Law Points

Right to notice before denial of rehabilitation benefits
Interpretation of Section 16(2)(a) of Maharashtra Project Affected Persons Rehabilitation Act
1999
Principles of natural justice in rehabilitation proceedings

Case Details

2026:BHC-AS:16415-DB

Writ Petition No. 1079 of 2023

2026-04-07

A. S. Gadkari, Kamal Khata

2026:BHC-AS:16415-DB

Ms. Rachana Harpale i/by Mr. Nitin P. Deshpande for the Petitioners; Smt. P.P. Kakde, Addl. G.P. a/w. Ms. Tanu Bhatia, AGP for the Respondent-State

Shankar Navji Vanghare (legal heir of deceased Navji Krushna Vanghare)

The Deputy Collector, Rehabilitation, Pune; The Additional Collector, Pune; The Divisional Commissioner, Pune Revenue Division, Pune; The Secretary, Relief & Rehabilitation Department, State of Maharashtra, Mumbai; The State of Maharashtra

Nature of Litigation

Writ petition seeking directions to issue notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999.

Remedy Sought

Petitioners sought directions to respondents to issue notice under Section 16(2)(a) of the Act.

Filing Reason

Respondents failed to issue notice under Section 16(2)(a) before denying rehabilitation benefits to the petitioners, who are project affected persons.

Issues

Whether the petitioners are entitled to a notice under Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 before their claim for rehabilitation is rejected.

Submissions/Arguments

Petitioners argued that they are project affected persons and entitled to notice under Section 16(2)(a) of the Act. Respondents did not oppose the petition and agreed to issue notice.

Ratio Decidendi

Section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999 mandates issuance of notice to project affected persons before any decision affecting their rehabilitation rights, and failure to do so violates principles of natural justice.

Judgment Excerpts

By this Petition, the Petitioners seek directions to the Respondents to issue Notice under section 16(2)(a) of the Maharashtra Project Affected Persons Rehabilitation Act, 1999

Procedural History

The petitioners filed Writ Petition No. 1079 of 2023 before the High Court of Judicature at Bombay. The petition was reserved on 2nd April 2026 and pronounced on 7th April 2026.