Plea seeking stay on construction of Chhitakhurdi Dam dismissed

Source: The Hitavada      Date: 10 Oct 2018 11:42:17


Legal Correspondent,

IN THE matter related to petitioners seeking interim relief to stay proceedings of construction of Chhitakhurdi Dam in Mandla and Jabalpur, single bench of Madhya Pradesh High Court comprising Justice Nandita Dubey has rejected the application filed by Sarpanch Biltukari Village Panchayat and others.

The single bench said after considering submissions of the counsel for the parties, no case for grant of interim relief is made out. Application for interim relief is hereby dismissed.
However, petitioners are at liberty to file their submissions/representations before the Collector, Land Acquisition Officer, who shall decide the same as per law and listed the matter after four weeks. The matter is heard on the question of interim relief. Petitioners have filed the petition challenging construction of dam in Cheetapuri Village. According to petitioners, provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has not been followed. It is contended by the counsel for petitioners that the respondents have not issued any notification in this regard nor they have published a notification as required.

It is also contended that respondents have not considered representations filed by petitioners. It is argued that petitioners are land owners, whose main occupation is agriculture and forcible acquisition of their land for construction of dam has affected their livelihood.

Counsel for the respondent/State filed reply along with documents from which it is reflected that a notification under Section 11 as well as Section 19 of the Act has been issued by the Government and in compliance to Section 19, publication of notification in the newspaper has also been made. Government Advocate has pointed out documents filed by the counsel for the petitioners herself which shows that representations were considered by authorities and they have taken decision on the same.

It is submitted by the counsel for the respondent that the process is at an initial stage and the Government has also proposed a rehabilitation and resettlement package especially for the project which is filed as document dated on May 16, 2018. After considering submissions of the counsel for the parties, no case for grant of interim relief is made out. Application for interim relief is hereby dismissed, the single bench said. Single bench has heard the petition filed by Leela Bai, Sarpanch, Village Panchayat Biltukari Village Chhita Khudri Post Sarouli, Tehsil Kundam, Jabalpur against the Ministry of Tribal Affairs, New Delhi, Chairman, Central Water Commission, New Delhi and Chief Secretary, Madhya Pradesh, Bhopal, Principal Secretary, Water Resource Department, Bhopal and Jabalpur Collector.

Advocate Anjana Kuraria appeared on behalf of the petitioners, while Government Advocate Amit Seth for the State.