Madhya Pradesh High Court
Narendra Singh Rajput vs The State Of Madhya Pradesh Thr on 18 January, 2016
1
WP 2037/2015 (PIL)
Omprakash Bohare Vs. Union of India & Ors.
WP 2181/2015 (PIL)
Rampratap Singh Kushwah Vs. State of MP & Ors.
WP 2297/2015 (PIL)
Man Singh Tomar Vs. State of MP & Ors.
WP 2487/2015(PIL)
Dibyang Dev Sharma & Anr. Vs. Union of India & Ors.
WP 5035/2015 (PIL)
Narendra Singh Rajput Vs. State of MP & Ors.
WP 5374/2015 (PIL)
Gireesh Kumar Vs. State of MP & Ors.
WP 5943/2015 (PIL)
Vishnu Avtar Singh Chauhan Vs. State of MP & Ors.
WP 6007/2015 (PIL)
Banti Singh Vs. State of MP & Ors.
AND
WP 7804/2015
Mahesh and Others Vs. State of MP & Ors.
18/01/2016
Shri Umesh Kumar Bohare, learned counsel for the
petitioner in WP 2037/2015 (PIL).
Shri BM Patel, learned counsel for the petitioner in
WP 2181/2015 (PIL).
Shri Sanjay Bahirani, learned counsel for the
petitioner in WP 2297/2015 (PIL).
2
Shri Gaurav Mishra, learned counsel for the
petitioners in WP 2487/2015 (PIL).
Shri Sanjay Singh, learned counsel for the petitioner
in WP 5035/2015 (PIL).
Shri BM Patal, learned counsel for the petitioner in
WP 5374/2015 (PIL).
Shri JS Rathore, learned counsel for the petitioner in
WP 5943/2015 (PIL).
Shri NS Kirar, learned counsel for the petitioner in
WP 6007/2015(PIL).
Shri Mahesh Goyal, learned counsel for the
petitioners in WP 7804/2015.
Shri Vivek Khedkar, learned Assistant Solicitor
General of Union of India for the respondents No.1 and 2 in
WP Nos.2037/2015 (PIL) and 2487/2015 (PIL).
Shri Arvind Dudawat, learned Additional Advocate General and Shri Vishal Mishra, learned Deputy Advocate General for the State.
COMON ORDER All these petitions in the nature of Public Interest Litigations involve similar issues and are therefore, heard and considered cumulatively. The petitions relate to irregularities in disbursement of compensation to the affected farmers who have suffered damage of crops on 3 account of heavy rainfall and hailstorm.
Writ Petition No.2037/2015 (PIL), Writ Petition No.2181/2015(PIL), and Writ Petition No. 5943/2015 (PIL) are concerned with the distribution of such compensation in accordance with the policy of State in Bhind District, Writ Petitions No.2297/2015(PIL) 5035/2015(PIL), 5374/2015 (PIL) and 6007/2015(PIL) are in respect of Districts Morena, Vidisha, Guna and Datia respectively. Writ Petition No.7804/2015 is not a Public Interest Litigation and has been filed by individuals of District Guna, wherein they have complained about non- disbursement of compensation by the authorities and Writ Petition No.2487/2015 (PIL) has been filed making omnibus allegations regarding irregularities in disbursement of the aforesaid compensation in nine Districts, namely, Gwalior, Bhind, Morena, Shivpuri, Sheopur, Guna, Ashok Nagar, Datia and Vidisha.
The common arguments of learned counsel for the petitioners are that the State authorities have committed several irregularities in assessment and disbursement of compensation to the affected farmers who have suffered loss and damage of crops by heavy rainfall and hailstorm and that while certain individuals have been paid compensation in excess, the others have been totally 4 excluded from the benefits of grant of compensation.
It is submitted by learned counsel for the petitioners that in the year 2014, some petitions had been filed before this Court relating to District Guna and District Ashok Nagar and the Division Bench of this Court had disposed of those petitions by issuing certain directions, in spite of which the authorities have not properly assessed the compensation and disbursed the same.
Learned Additional Advocate General appearing for the respondents-State states that the return has been filed in Writ Petition No.2037/2015 (PIL) and it has been specifically and categorically stated that the revenue authorities of Districts Sheopur, Ashok Nagar, Morena, Gwalior, Guna and Datia by filing separate affidavits, have indicated the amount of compensation distributed by them in their respective Districts and have also stated that all the persons who are entitled to compensation have been granted the same after proper survey and assessment by the revenue authorities.
Having heard the learned counsel for the parties, it is observed that none of the Public Interest petition has been filed before this Court by any affected person. It is also observed that in these Public Interest petitions, no specific and particular instance or allegation in respect of particular 5 farmer of particular village has been stated or mentioned. It is further observed that general representations have been filed by some farmers, copies of which are annexed alongwith the petitions except Writ Petition No.7804/2015 which has been filed by affected farmers along-with which they have also filed the representation (Annexure P/8).
Learned Additional Advocate General appearing for the respondents- State states that the respondents- authorities have strictly followed the procedure prescribed under the circulars of the State Government and have also constituted Committees for inspection in compliance of directions issued in Writ Petition No.5581/2014 (PIL), dated 26/11/2014 and Writ Petition No.4206/2014 (PIL), dated 08/12/2014, wherein the Public Interest Litigation petitions have been disposed of by this Court by issuing the following directions:-
"(13)-1. Collector Guna shall constitute a Block Level Committee comprising of the Sub-
Divisional Officer of the concerned Division as its Chairman with as many Tahsildars of Tahsils which fall within the territorial jurisdiction of the block concerned. Such committee shall be formed separately for each block;
2. These committees shall scrutinize the applications which have already been made in March 2014 to find out as to whether any genuine farmer victims are left out;
3. Consideration by the committees shall be 6 governed by the provisions of the scheme framed by the Government in February- March 2014 read with the provisions of clause 6(4) of Khand 6 Kramank 4 of Revenue Block Circular;
4. Committees shall look into all such cases where no application for compensation was made but where substantial crop damage was sustained due to hailstorm and for considering such left out genuine claims, the committees shall not wait for any applications but shall suo motu consider and decide such cases on the strength of the above-said provisions of Revenue Block Circular. The inquiry for this purpose shall be exclusively based upon the data collected by the authorities in March 2014. It is made clear at the cost of reiteration that no fresh inspection or verification shall be conducted.
5. Committees shall scrutinize, consider and decide all the claims and submit reports in regard to all left out deserving cases alongwith proposed quantum of compensation. These reports shall be prepared and submitted within a period of 90 days from the date of receipt of a copy of this order; and
6. On receipt of the reports of the committees by Collector Guna, appropriate consequential action for grant of suitable compensation shall be taken within a further period of 60 days thereafter.
14. Before parting, we acknowledge with appreciation the fair and impartial stand taken by the State which is befitting of its claim of being a Welfare State.
15. No order as to costs."
7Having heard the learned counsel for the parties, we are of the considered view that in absence of any specific instance being mentioned by the petitioners in the petition and only on the basis of the general vague and omnibus allegations that have been made by them, this Court can not go into the issues raised by the petitioner in the present petitions. However, as the compensation is required to be assessed and determined by the authorities of the State in accordance with the circulars, provisions and directions issued by this Court and as the learned Additional Advocate General appearing for the State stated that the respondents authorities have complied with the same, we are inclined to dispose of these writ petitions with the direction that in case the persons aggrieved, approach the concerning Tahsildar by filing representations within four weeks, the concerning Tahsildar shall look into the representations, get them examined by the Committees that have been constituted by the State in accordance with the directions issued by this Court in Writ Petition No.5581/2014 (PIL) and in Writ Petition No.4206/2014 (PIL) in various districts and thereafter process the matter in accordance with law. In case such representations are filed, they be proceed and decided as expeditiously as possible.
8As far as the petitioners in Writ Petition No.7804/2015 are concerned, as the representation (Annexure P/8) is already pending before the Collector Guna and therefore the said writ petition is disposed of with a direction to the Collector Guna to look into the grievance of the petitioners and take a decision thereon in accordance with law and the circulars of the State as expeditiously as possible, preferably within a period of three months.
It is made clear that this Court has not issued any positive directions in favour or against the petitioners and therefore the authorities would be free to take an independent decision on the representations in accordance with law.
With the aforesaid observations and directions, all the writ petitions are disposed of.
A copy of this order be placed in the records of Writ Petitions No. 2181/2015 (PIL), 2297/2015 (PIL), 2487/2015 (PIL), 5035/2015 (PIL), 5374/2015 (PIL), 5943/2015 (PIL) , 6007/2015 (PIL) and Writ Petition No. 7804/2015.
(R.S. Jha) (M. K. Mudgal)
Judge Judge
MKB