ATMARAM GOMA PATIL Vs. THE COLLECTOR DISTRICT RAIGAD

JUDGEMENT

(1.) THE petitioners are residents of Taluka Alibag, District Raigad and are stated to be carrying on cultivation of agricultural land in villages Dherand, Mohte, Shahapur and Dhakte Shahapur more specially villages Dherand and Shahapur in Raigad District. THEse lands have been acquired by the State under Sections 32 and 33 of the Maharashtra Industrial Development Act, 1961 (MID Act) and under Sections 11, 13 and 14 of the Maharashtra Project Affected Persons Rehabilitation Act, 1986 (Rehab. Act) for a Power Project promoted and to be put up by respondent No. 7 and one Reliance Industries.

(2.) THE petitioners claim that 906 landholders and 500 landless labourers and their families in the aforesaid villages have been affected by the said acquisition. THE petitioners claim that they represent 70% of the affected persons.

(3.) THE respondent No.7 made its application in that behalf dated 18/4/2006. Respondent No.2 on behalf of the State initiated acquisition proceedings under MID Act. Respondent No.7 submitted a Technical Feasibility Report (TFR) in that behalf in April 2006. THE report shows the power situation in Maharashtra at that time, the increased demand for the power required by the State, more specially for the city of Mumbai, the power deficit that prevailed at that time and the supply of electrical energy which was to be produced for meeting the increased demand, the planned generation capacity of the existing power situation in the State, the capability of respondent No.7 in meeting the challenge of producing and supplying electrical energy upon establishing the power plant, the feasibility of the project, the availability of land, the procurement of raw materials, environmental aspects and the schedule for the project. THE TFR considers various alternative sites and the non- feasibility for their acquisition. THE report shows the features of part of the land actually acquired also. That land is shown to be in village Mankule and Dherand. THE land actually acquired is in villages Shahapur and Dherand.