In a significant ruling that clarifies rights in land acquisition cases, the Nagpur bench of the Bombay High Court has mandated that when land is acquired for any project and has multiple owners, employment must be provided to family members of all co-owners. The court directed the Maharashtra State Power Generation Company Limited (MahaGenco) to consider the petitioner's employment claim under the project-affected person (PAP) category, setting a precedent for similar disputes.
Background of the Case
The case stemmed from a petition filed by Amit Mahalle, who argued that his grandfather Sadashiv Mahalle's 3.27-acre agricultural land in Ghoghali village was acquired for the Koradi Thermal Power Station project. At the time of acquisition, the land was jointly owned by four individuals: Mahadev, Gajanan, Alukhabai, and Sadashiv. However, the employment benefit as a project-affected person was granted only to Mahadev, leaving Sadashiv without any such benefit, which sparked the legal challenge.
Government Clarification and Initial Proceedings
The petition highlighted a government clarification issued on June 21, 1990, which explicitly stated that each co-owner should be treated as a separate family unit and provided with a project-affected certificate. Following earlier directions from the High Court, the district collector issued a project-affected certificate in Amit Mahalle's name on July 19, 2019. Despite this, MahaGenco denied employment, citing that one person had already been employed for the same land, leading to the current legal impasse.
Court's Reasoning and Judgment
A division bench comprising Justice Anil Kilor and Justice Raj Wakode referred to previous judgments, including Madhukar Dhawale vs District Collector and Suman Chikankar vs District Collector, to establish legal precedence. The bench noted that if a co-owner did not avail of the employment benefit, their heir, in this case, the petitioner, inherits the right to claim it. The court found that Amit Mahalle's situation aligned with similar cases, thereby allowing the petition and issuing a directive to MahaGenco to consider his employment claim as a project-affected person.
This ruling underscores the importance of equitable treatment in land acquisition processes, ensuring that all co-owners and their families receive fair compensation and benefits, thereby reinforcing legal protections for project-affected individuals in Maharashtra and potentially beyond.
