Arvind Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 9298 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                                ON THE 11th OF JULY, 2022

                                                         WRIT PETITION No. 8326 of 2019

                                             Between:-
                                             ARVIND SINGH S/O PHOOL SINGH RAJPOOT,
                                             AGED   ABOUT     40   YEARS, OCCUPATION:
                                             AGRiCULTURIST, R/O VILLAGE GORA KHURD,
                                             TEHSIL BABDA, DISTRICT SAGAR (MADHYA
                                             PRADESH)

                                                                                                      .....PETITIONER
                                             (BY SHRI HAKIM KHAN QURESHI, ADVOCATE)

                                             AND

                                     1.      THE STATE OF MADHYA PRADESH THROUGH
                                             PRINCIPAL SECRETARY, VALLABH BHAWAN
                                             BHOPAL (MADHYA PRADESH)

                                     2.      COLLECTOR        AND    PRESIDING   DEPUTY
                                             S E C R E T A R Y, REVENUE     DEPARTMENT,
                                             DISTRICT SAGAR (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                             (BY MS. SHWETA YADAV, GOVERNMENT ADVOCATE)

                                           T h is petition coming on for orders this day, t h e cou rt passed the

                                     following:
                                                                          ORDER

Although, as per the reply submitted by the respondents it is stated that nothing remains to be adjudicated further in the present case as award has already been granted in favour of the petitioner, but other benefit is not required to be paid to him because the award has not been challenged by him. Signature Not Verified SAN However, the petitioner has also claimed a relief that the benefit as Digitally signed by ANIL CHOUDHARY Date: 2022.07.14 10:45:07 IST req uired under Schedule-II of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act, 2013') has not been provided to him despite the fact that his land has been acquired.

I n the reply submitted by the respondents, they have stated that the petitioner is not entitled for such benefit as has been provided under Schedule- II of the Act, 2013 but in view of the judgment passed by the Coordinate Bench disposing of the petition, I am also inclined to dispose of the petition directing the petitioner to raise his dispute with regard to benefit mentioned in the Schedule-II of the Act, 2013 for which he is otherwise entitled. The Collector shall consider the same and pass an appropriate order assigning reason as to

whether the benefit under the existing circumstances when land of the petitioner has been acquired can be granted to him or not because in Schedule-II appended with Sections 31(1), 38(1) and 105(3) of the Act, 2013 empowers the Collector to take appropriate action, if so required, but no order in this regard has been passed by the Collector in the present case. Therefore, this petition is disposed of directing the petitioner to make a proper application/representation before the Collector asking relief as per Schedule-II of the Act, 2013 and if any application/representation is filed before the Collector, he shall consider the same within a period of three months from the date of submitting the same and pass a reasoned order ascribing as why benefit cannot be granted to the petitioner or if he is otherwise entitled to get the said benefit, the same be extended to the petitioner.

With the aforesaid observation this petition is disposed of. Certified copy as per rules.

Signature Not Verified SAN

Digitally signed by ANIL CHOUDHARY Date: 2022.07.14 10:45:07 IST

(SANJAY DWIVEDI) JUDGE ac/-

Signature Not Verified SAN

Digitally signed by ANIL CHOUDHARY Date: 2022.07.14 10:45:07 IST