MOHAN PATEL KURMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner in the instant writ petition is seeking directions to the respondents to grant proper compensation as per Schedule II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act, 2013 (hereinafter referred to as "The Act of 2013").

(2.) The case of the petitioner is that he is the owner of certain lands as has been mentioned in the petition. A notification was issued for acquisition of the land for Sanjali Madhyam Pariyojana Jalashay in District - Sagar. The preliminary notification unde r Sec. 11 of the Act of 2013 was issued on 7/4/2017, thereafter, declaration under Sec. 19 of the Act of 2013 was made and final award has been passed on 12/6/2018. The petitioner states that he is entitled for various benefits as per Schedule II and III of the Act of 2013, which has not been granted to him. He places reliance on a decision of this Court in the matter of Smt. Pooja Modi Vs. Housing and Environment Department Writ Petition No.6318 of 2015, order dtd. 29/3/2016.

(3.) The learned Government Advocate appearing for the State submits that the compensation for the land situated in village Gora Khurd was determined at the rate of Rs.7,25,000.00 for irrigated land and Rs.3,95,000.00 for un-irrigated land. The other benefits provided in the Schedules were granted while passing the award dtd. 12/6/2018 and on different other dates. The State did not receive any objection before passing of the final award. The representation dtd. 7/1/2019 were filed belatedly and there was no proper receiving in the office of the Collector concerned. It is further submitted that the appropriate remedy in the instant case available to the petitioner is to file a reference under Sec. 64 of the Act of 2013 and under such circumstances, the petition is not maintainable. The learned Government Advocate places reliance on a Division Bench decision of the High Court of Bombay in the matter of Shri Balaso Namadev Patil and others Vs. The State of Maharashtra and others 2017 SCC Online Bom 2487 and Single Bench decision of this Court in the matter of Smt. Urmila Pandey Vs. The State of Madhya Pradesh and others 2016 SCC Online MP 11573.