STATE OF M.P. Vs. BHERU

JUDGEMENT

(1.) On due consideration and for the reasons mentioned in the application, which is duly supported by an affidavit, IA No.5232 of 2016 , an application under Sec. 5 of the Limitation Act, 1963 read with Sec. 2 of M.P. Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 for condonation of 318 days delay in filing Writ Appeal No.354 of 2016 is allowed and the delay is hereby condoned; IA No.5363 of 2016 , an application under Sec. 5 of the Limitation Act, 1963 read with Sec. 2 of M.P. Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 for condonation of 324 days delay in filing Writ Appeal No.363 of 2016 is allowed and the delay is hereby condoned; and IA No.5395 of 2016 , an application under Sec. 5 of the Limitation Act, 1963 read with Sec. 2 of M.P. Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 for condonation of 326 days delay in filing Writ Appeal No.376 of 2016 is allowed and the delay is hereby condoned. Heard on admission.

(2.) Facts of the case are being taken from Writ Appeal No.376/ 2016 (The State of Madhya Pradesh & another v. Girdharilal S/o Shri Gopichand & others) filed under Sec. 2 (1) of the Madhya Pradesh Uchcha Nyalayaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005. Being aggrieved by common order dtd. 27/7/2015 (Annexure A/1) passed by the learned Single Judge of this Court in Writ Petition No.3397 of 2014 (The State of Madhya Pradesh and another v. Girdhari S/o Gopichand and another) and other connected writ petitions, whereby the petitions filed by the appellants - State of Madhya Pradesh have been dismissed.

(3.) Writ petitioners (Girdhari S/o Gopichand and another) have filed Writ Petition No.11254 of 2024 under Article 226 of Constitution of India assailing order dtd. 10/3/2021 (Annexure P/1) passed in Case No.386 of 2016 by Grievance Redressal Authority, Madhya Pradesh (Sardar Sarovar Project) and order dtd. 17/2/2012 (Annexure P/2) passed by the Chairman of the GRA (Sardar Sarovar Project) in Case No.2010 of 2008, whereby the application filed by the writ petitioners (Girdhari S/o Gopichand & others) was allowed and the appellants - State of Madhya Pradesh has been directed to extend the benefits of Rehabilitation and Resettlement (R&R) even when writ petitioners / private respondents are not ordinarily residing in the submergence area and as per terms of Narmada Water Disputes Tribunal (NWDT) Award and R&R Policy framed by the appellants.