Writ Petition No.7091/2010
9.7.2010
Shri B.K. Bais, learned counsel for the petitioner.
Shri B.N. Mishra, learned Govt. Advocate for
respondent State.
The petitioner resident of village Dhaudar, tahsil
Deosar, district Singrauli on the allegation that though his
land bearing Khasra No. 556/2 admeasuring 0.30 hectare
including the house and trees thereon has been acquired
for establishing respondent No. 4 Mahan Aluminum and
Captive Thermal Power Plant, yet the petitioner has been
deprived of the benefit of provision of Madhya Pradesh Ki
Adarsh Punarvas Niti Varsh 2002; in view whereof the
petitioner by way of present petition filed under Article 226
of Constitution of India seeks the directions to respondents
to fully comply with the rehabilitation policy and give
benefits to the petitioner and to pay compensation to the
petitioner as per market rate and as per guideline.
The aforesaid reliefs have also been sought on the
anvil that in an agreement dated 15.5.2009 entered into
between the respondent No. 2 and 4, i.e., Collector, District
Singrauli and the Chief Executive Officer, M/s. Mahan
Aluminum and Captive Thermal Power Plant (Hindalco)
Limited Bargawa, District Singrauli. It is agreed by
respondent No. 4 to extend the benefit as is available under
the Rehabilitation Policy of 2002.
During course of hearing, it is submitted by learned
counsel for the petitioner that in a similar petition this
Court has directed the Collector, District Singrouli, one of
the party to the agreement dated 15.5.2009 to dwell upon
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the issue as to extension of benefit as stipulated in the
policy of 2002, it is urged that similar direction may be
issued in the present petition.
Learned Govt. Advocate appears for the State has no
objection for considering the claim as put-forth by the
petitioner qua the policy of 2002.
In view of above and without entering into the merit of
the case, the petition is disposed of with liberty to the
petitioner to file a representation before the respondent No.
2 Collector, district Singrouli. The respondent No. 2 on
receiving such representation shall dwell upon the same in
accordance with the policy of the State Government and
pass a cogent and reasoned order within a period of two
months from the date of communication of this order. The
petitioner along with copy of this order shall also produce
before Collector, Singrouli, the copy of petition along with
documents for proper appraisal by respondent No. 2.
The petition is thus disposed of finally in above terms.
C.c. as per rules.
(SANJAY YADAV)
J U D G E
Vivek Tripathi