Madhya Pradesh High Court
Jagrat Adivasi Dalit Sangathan Through ... vs Water Resource Department on 3 March, 2017
-1-
R.P NO.81/2017
03.03.2017:
Shri A.K.Chitale, learned Senior Counsel with Shri Amit Kumar Paradeshi for the petitioner.
Heard I.A.No.1122/17, an application for condonation of delay.
Considering the averment made in the application, same is allowed. The delay in filing the review petition is condoned.
Heard on the question of admission.
Petitioner has filed the present
petition seeking review of the order
dated 18.07.2016 passed in
W.P.No.3435/2015. Petitioner is seeking review to the extent that in para-53 of the order, this Court has confined the relief to 235 affected families of the Tribes but according to the petitioner, the total number of families affected are 379 (272 families from Khargone district and 107 families from Barwani district).
Before filing this review petition, petitioner has challenged the said order before the Supreme Court by way of filing Special Leave Petition. Vide order dated -2- 5.1.2017, the order passed by this Court has been upheld by the Apex Court with certain clarifications. In the order, the Apex Court has also mentioned the number of families involved are 235 only.
Earlier petitioner had filed review petition No.247/16 seeking review of the order on various grounds including to clarify the order to the effect that number of families from Barwani district are also affected in the project. When earlier review petition No.247/16 seeking a similar relief has been dismissed vide order dated 5.10.2016, this second review petition is not maintainable before this Court. Even otherwise, the order passed by this Court in W.P.No.3435/15 has been merged into the order of the Apex Court passed in S.L.P.No.25105/2016 and now no review petition can be entertained by this Court at this stage. Hence, this review petition fails and is hereby dismissed.
(P.K.JAISWAL) (VIVEK RUSIA)
J U D G E J U D G E
hk/