ROSHNI DEVI Vs. DIRECTOR, REHABILITATION AND ORS.

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 17.11.2008 passed by Grievance Redressal Forum, Tehri Dam Project, New Tehri. Petitioner got married to Chandan Singh of Village Padia, District Tehri Garhwal, who is having agricultural land in village Padia.

(2.) UNDISPUTEDLY , marriage of the petitioner with Chandan Singh was never dissolved and still stands good; land of village Kandal Patti, Tehsil Pratap Nagar, District Tehri Garhwal was acquired for the purpose of construction of Tehri Dam; Notification under Section 4 of the Land Acquisition Act was issued in the year 1980 and award was passed in the year 1988; father of the petitioner was paid compensation for the land acquired from his possession; thereafter, petitioner started claiming compensation/rehabilitation on the ground that she was deserted by her husband and after desertion, she started living in her parental village i.e. village Kandal as landless labour, therefore, compensation should have been given to the petitioner; claim of the petitioner was declined on the ground that petitioner could not be prove that she ever shifted to village Kandal, after being allegedly deserted; it was further held that father of the petitioner had already been paid compensation, therefore, there was no question of payment of compensation/rehabilitation to the petitioner too.

(3.) I am afraid that such suggestion cannot be accepted. Petitioner is legally married wife of Chandan Singh and till date, she has not been divorced, therefore, it would be difficult to believe that she was deserted by her husband and after desertion, she started living in her parental village that too separately from her father.