RAMBHAROS Vs. STATE OF M.P

JUDGEMENT

(1.) This petition under 226 of the Constitution of India has been filed by the petitioner against an order dated 22.07.2019 (Annexure P-4) passed by respondent No.6, Tehsildar Seoni, whereby the petitioner has been directed to vacate the premises, which according to the respondents has already been acquired by the State.

(2.) Learned counsel for the petitioner has submitted that as per Section 38 of the "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" (hereinafter referred to as the 'Act, 2013'), a person cannot be dispossessed without payment of compensation and without following the procedure as has been prescribed under the aforesaid Act, 2013. Learned counsel for the petitioner has also invites attention of this Court to a letter dated 16.01.2019 (Annexure P-3) issued by the Land Acquisition Officer/Additional Collector, Seoni wherein, the SDO (Revenue) Kewlari, District Seoni has been directed to ensure the payment of compensation to the person concerned and to submit his report within three days time. Counsel for the petitioner further submits that since the matter has already been seized by the District Land Acquisition Officer, the issuance of the impugned order dated 22.07.2019 by the Tehsildar is premature. It is further submitted that till the petitioner's case is decided, as has been directed by the District Land Acquisition Officer, the operation of the impugned order be stayed.

(3.) Learned counsel for the petitioner further submits that due to rainy season, it would be extremely difficult for the petitioner to take shelter at any other place during such short period of time.