STATE OF MADHYA PRADESH Vs. MULCH

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner / State of Madhya Pradesh is challenging the order dated 29.09.2015 (Annexure P/7) passed by the learned Chairman, Grievance Redressal Authority, Indore in Case No.GRA/85/2014, whereby learned Authority has allowed the application filed by respondent No.1 for grant of benefit of Madhya Pradesh State Rehabilitation & Resettlement Policy (R & R Policy) and directed the petitioners to allot two hectare land as per rules or lands owned by respondent No.1 (which was acquired for resettlement for oustee families of submergence of the dam for their residential plots, and lands for land against acquired for dam purpose to respondent No.1).

(2.) The impugned order is assailed on the ground that respondent No.1 has been treated as submergence affected person, whereas the land acquired from him was not coming under submergence of Sardar Sarovar Dam Project, but has been used for resettlement of oustees of Sardar Sarovar Dam Project. Thus, the order passed by the learned Grievance Redressal Authority is against the Narmada Water Disputes Tribunal Award, R & R Policy framed by the State of Madhya Pradesh and law laid down by the Apex Court.

(3.) Per contra, learned counsel for respondent No.1 has submitted that application was filed before the learned Grievance Redressal Authority on 22.01.2014 for granting the rights, as per the R & R Policy, as entire land of 1.153 hector situated at Survey No.330/2, village Kasrawad, District Barwani (MP) of respondent No.1 was acquired vide notification published on 21st December, 2001 under Section 4 of Land Acquisition Act, 1894 for rehabilitation of displaced persons. After death of father of respondent No.1, land compensation was granted to him. The agriculture land of respondent No.1 is adjacent to City Barwani.