LAWS(MPH)-2017-1-24

THE STATE OF MADHYA PRADESH Vs. DIVASIBAI

Decided On January 10, 2017
The State of Madhya Pradesh Appellant
V/S
Divasibai Respondents

JUDGEMENT

(1.) Parties through their counsel. Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No.3586/2014 are narrated hereunder.

(2.) The petitioner No.1 before this Court State of Madhya Pradesh and one another have filed this present petition being aggrieved by order dated 16/03/2012 passed by President, Grievance Redressal Authority, Sardar Sarovar Project whereby the benefits of Rehabilitation and Resettlement (R&R) have been awarded to Khatedars/land holders including the major married daughter.

(3.) The contention of petitioners is that major married daughter does not fall under the definition of an oustee as she has not been displaced due to project and therefore, the impugned order is contrary to the provisions of NWDT award and the Rehabilitation and Resettlement Policy framed by the State Government.