Petition filed by Bamana Gram Panchayat dismissed 

Source: The Hitavada      Date: 12 Jan 2019 12:26:19


 

Legal Correspondent,

A DIVISION bench of Madhya Pradesh High Court comprising Chief Justice S K Seth and Justice Vijay Kumar Shukla has dismissed petition filed by Bamana Gram Panchayat seeking direction to reconsider the decision for resettlement and rehabilitation of entire village population of Gram Bamana, Tehsil Banda, Sagar District to conduct technical enquiry into public interest involved in construction of access road in contrast to resettlement and rehabilitation of entire village population.

The petition is filed by Gram Panchayat through its Sarpanch, who has filed resolution dated on May 31, 2017, allegedly authorised to file present petition on behalf of Gram Panchayat espousing cause of villagers.

Respondents filed reply and raised objection regarding maintainability of petition as public interest litigation (PIL) and submitted that the resolution filed by the petitioner is not genuine a document as it is not signed by any of the villagers or by any Panch of the Gram Panchayat.

It is submitted that in 2015, Gram Sabha has passed resolution signed by all villagers who are being rehabilitated and resettled asking for compensation in lieu of their immovable property. It was also stated that in Bamana village total 274 families were affected by submergence of village Bamana.

Out of 274 families, 89 families have already received compensation. As far as remaining 185 families are concerned, out of them, 129 families have also been paid compensation. It is stated that so far remaining 56 families are concerned, the same is under process.

Proposed interveners submitted that they are villagers of Gram Bamana and they have already received compensation and rehabilitated by respondents/State. They have filed resolution of Gram Panchayat dated on April 14, 2018, wherein all the villagers and panchas were present and  they have agreed to receive compensation granted by the State Government for their rehabilitation and they submitted that the Sarpanch of Gram Panchayat has personal interest and there is no authorisation to file present petition.

Division bench in the order said that we find that the said resolution authorising the petitioner to file present petition is not signed by Panchas of Gram Panchayat. The petitioner has not filed a copy of the register bearing signatures of panchas as mentioned in the resolution. Respondents have filed resolution of Gram Sabha, which is signed by villagers accepting compensation awarded by respondents under Rehabilitation Policy-2002. Thus, the petitioner could not establish fact that he is duly authorised to file present petition before this court. The division bench added that we do not find any merit in contention of the petitioner that the project should be changed as per letter of the Executive Engineer, as the project is approved by the State Government and rehabilitation of entire village is being done as per policy of the Government.

The State Government has submitted in para-6 of the return that as per Rehabilitation Policy-2002, if any village comes under submergence and more than 75 per cent area is affected under the submergence then remaining 25 per cent area is also treated to be submerged and families residing over there are also resettled by paying them adequate compensation. Thus, the villagers who are not submerged but they still have to be settled as per Policy-2002. The said policy has been approved by the Cabinet of the State Government. The communication dated on January 15, 2018, has been issued by the State Government to the Engineer-in-Chief apprising him that the Cabinet has already taken a decision for disbursing compensation amount to families coming under remaining area of Bamana village not affected with submergence but entitled to get compensation as they are being rehabilitated. Copy of the said communication dated on January 15, 2018, has been placed on record. The division bench added that the entire action is being taken by respondents as per Rehabilitation Policy-2002.

Plea against order passed by Single Judge dismissed


A DIVISION bench of Madhya Pradesh High Court comprising Chief Justice S K Seth and Justice Vijay Kumar Shukla has dismissed writ appeal filed by Dr Gunesh Singh Choudhary against the order dated January 23, 2018, passed by Single Judge in writ petition. By the order impugned, Single Judge dismissed writ petition filed by the appellant. Appellant, an Assistant Surgeon, was posted in the community health centre, Balodh, Durg district.