KURIAN, J. - (1.) Leave granted.
(2.) The Maharashtra Project Affected Persons Rehabilitation Act, 1986 (hereinafter referred to as "the Act") is a piece of legislation intended for rehabilitation of persons affected on implementation of certain projects in the State of Maharashtra on the lands acquired from the zones benefitted by the projects. The Act is applicable to all irrigation projects of which the area of the affected zone exceeds 50 Hectares or the area of the benefitted zone exceeds 200 Hectares or where a gaothan is affected. The State Government is also entitled to make the Act applicable to other projects as well to which the Act is applicable. The affected zone is defined as the area declared under Section 13 of the Act to constitute the extent of the area affected under a particular project. Benefitted zone means the area declared under Section 13 of the Act to constitute the area of the benefitted zone under the project. Rehabilitation under the scheme of the Act of the affected persons is done mainly by acquiring lands coming under the benefitted zone. In the present case, it is the Chikotra project.
(3.) Under Section 13 of the Act, the State Government has to make a declaration of areas in affected and benefitted zones and also the extent of land to be acquired in the benefitted zone is as per the slabs mentioned in Part II of the Schedule. As far as extent of area constituting the affected zone under the project and the extent of area constituting the benefitted zone is concerned, it is clearly provided under Section 13(2) of the Act that a public notice inviting objections or suggestions is to be issued. After considering the objections and suggestions only, a notification under Section 13 (1) of the Act could be published in the official gazette and by other modes of publication as provided under the Act.;