GAURAV PATHAK Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India questioning the legality, validity and propriety of the order dtd. 19/5/2022 (Annexure P/10) passed by the Collector, District Singrauli (respondent No.2) in pursuance to the order passed by this Court on 14/02/2022 in Writ Petition No.2970/2022.

(2.) Shri Upadhyay, learned counsel for the petitioner submits that when this Court has earlier directed the Collector to entertain the application of reference made under Sec. 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act, 2013), then the said authority has no right to reject the application whereas he was under the obligation to refer the matter to the competent Court to decide the reference raised by the petitioner.

(3.) On the other hand, Shri Kekre, learned Government Advocate submits that from the order of the Collector, it is clear that the authority has rejected the application on the ground that the same does not come within the scope of Sec. 64 of the Act, 2013 for the reason that since the land on which the petitioner is claiming right is recorded in the name of the State Government, therefore, no award in respect of the said land has been passed by the Land Acquisition Officer and as such, reference doesn't lie.