KIRAT LODHI Vs. STATE OF M. P.

JUDGEMENT

(1.) Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, looking to the issue involved in all these petitions, they are being heard concomitantly.

(2.) As in this batch of petitions similar relief is claimed, therefore, for the sake of convenience, facts of W.P. No.4633/2021 are being taken up. At the outset, it is necessary to reproduce the relief clause as sought by the petitioner, which is as follows:-

(3.) Facts of the case in short are that the land belonging to the petitioner situates at Village Summer, District Damoh proposed to be acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act, 2013'). As per the petitioner, the proposed land is an agricultural land and is being cultivated by the forefathers and then the petitioner. As per the petitioner, the said land is only source of his livelihood. Respondent No.5/Water Resources Department wanted to utilize the land for public purpose as they wanted to construct a canal under 'Sitanagar Irrigation Scheme'. For the said purpose, not only the land of Village Summer but also the land of Villages Sitanagar, Bijori, Naringhgarh, Chainpura, Barkheda Nagar, Rangir, Madiya, Baroda Tahsil Pathria/Batigarh Distrcit Damoh was proposed to be acquired and in that regard, a notification under Sec. 11 of the Act, 2013 was published in the State Gazette on 5/10/2018. The said notice was also published in the local newspapers viz Deshbandhu and New Rashtra Bhraman on 28/12/2018 and 29/12/2018.