Shankar Kusha Bamane and Another vs State of Maharashtra and Another

V.G. Palshikar, J.

1.By this petition, the petitioner who lost some of his land in acquisition for the Koyna project, has filed this petition for a direction to allot him the land measuring about 2000 sq. feet from Survey Nos. 105/3 and 105/8.

The petition is thus filed only for the purpose of allotment of about 2000 sq. ft. of land as the petitioner is project affected person. This petition was filed in the year 1996. During the pendency of this petition, the State was directed to file additional affidavit. The same was filed in October 2002 in which the following statement is made.

At the outset, I submit that the petitioner has been given open land admeasuring 1200 sq. ft. on rental basis. Said land is in possession of petitioner, since 1965 and he has been paying rent thereof. I submit that new allotment of open land is stopped from 1994. Hence open land or gala cannot be made available.

In view of this statement quoted above, 1200 sq. ft. land has already allotted to the petitioner and substantial relief has been given in terms of prayer Clause (b) and there is no other prayer made. The question of allotment of gala on compassionate ground is not germane to this petition and there is therefore no need to adjudicate that point. The petitioner shall be at liberty to pursue his request for allotment of vacant gala independently. This petition is disposed of in view of the above statement made by the Government which was not controverted. The petition is accordingly disposed of.