Dayashnkar Kurmi vs The State Of Madhya Pradesh
2023 Latest Caselaw 13743 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 22 nd OF AUGUST, 2023
                                               WRIT PETITION No. 8671 of 2019

                           BETWEEN:-
                           DAYASHNKAR KURMI S/O SHRI HARIDAS KURMI,
                           AGED ABOUT 43 YEARS, GORA KHURD (MADHYA
                           PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI HAKIM KHAN - ADVOCATE )

                           AND
                           1. THE STATE OF MADHYA PRADESH THROUGH
                           PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL
                           (MADHYA PRADESH)
                           2. THE COLLECTOR AND PRESIDING DEPUTY
                           SECRETARY    STATE  OF   MADHYA    PRADESH,
                           DEPARTMENT OF REVENUE SAGAR, DISTRICT SAGAR
                           (M.P.).

                                                                                         .....RESPONDENTS
                           (BY SHRI VIVEK SHARMA - DY. ADVOCATE GENERAL )

                                 This petition coming on for admission this day, th e court 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.

However, the petitioner has also claimed a relief that the benefit as req uired under Schedule-II of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Signature Not Verified Signed by: AMITABH RANJAN Signing time: 23-08-2023 17:07:18

(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 in W.P. No. 2474/ 2019 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 within a period of fifteen days, he shall consider the same within a period of sixty days 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.

(VIVEK AGARWAL) Signature Not Verified Signed by: AMITABH RANJAN Signing time: 23-08-2023 17:07:18

JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 23-08-2023 17:07:18