Madhya Pradesh High Court
Narmada Hydro Electric Development ... vs Grievances Redressal Authority on 12 February, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 12 th OF FEBRUARY, 2024
WRIT PETITION No. 15183 of 2010
BETWEEN:-
NARMADA HYDRO ELECTRIC DEVELOPMENT
CORPORATION TH. GENERAL MANAGER (R&R) NVDA
OFFICE COMPLEX KHANDWA, DISTT. EAST NIMAR MP.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPAN J. PAWAR - ADVOCATE)
AND
1. GRIEVANCES REDRESSAL AUTHORITY TH.
SECRETARY NARMADA BHAWAN, JAIL ROAD,
BHOPAL (MADHYA PRADESH)
2. MEMBER [REHABILITATION] NVDA NARMADA
BHAWAN JAIL ROAD BHOPAL (MADHYA
PRADESH)
3. JASWANT SINGH S/O SURA VILL. SURBADIYA
TEH. HARSUD DISTT. KHANDWA (MADHYA
PRADESH)
.....RESPONDENTS
(NONE )
WRIT PETITION No. 16779 of 2010
BETWEEN:-
NARMADA HYDRO ELECTRIC DEVELOPMENT
CORPORATION TH. GENERAL MANAGER EAST NIMAR
KHANDWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARPAN J. PAWAR - ADVOCATE)
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 2/13/2024
12:32:41 PM
2
AND
1. GRIEVANCES REDRESSAL AUTHORITY
NARMADA BHAWAN JAIL ROAD BHOPAL
(MADHYA PRADESH)
2. MEMBER [REHAILITAION NVDA NARMADA
BHAWAN JAIL ROAD BHOPAL (MADHYA
PRADESH)
3. MS PREM BAI D/O DHANPAL VILL. NEEMKHEDA
RAIYAT TEH. HARSUD DISTT. KHANDWA
(MADHYA PRADESH)
.....RESPONDENTS
(NONE)
These petitions coming on for hearing this day, th e court passed the
following:
ORDER
The counsel for the petitioners contends that these petitions are pending since the year 2010 and no one has entered appearance for respondent No. 3 as of now. It is contended that though original the petitions were filed seeking quashment of order dated 20.10.2009 in W.P. No. 15184 of 2010 and order dated 26.9.2009 in W.P. No. 16779 of 2020 passed by the Grievances Redressal Authority (GRA), contained in Annexure P-2, however, he is confining his prayer to direct the GRA to reconsider the issue in the light of the order dated 4.5.2010 passed by this Court in W.P. No.7269 of 2006 ( Shyam Singh Thakur Vs. The State of M.P. & others), which is contained in Annexure P-3, wherein Clause 1.1 of the Rehabilitation Policy of 1989 has been taken into consideration and the Court has also considered the aspect that for coming within the category of displaced person, the person concerned has to establish that he was residing on the land in question since last one year or was procuring the sources of livelihood or was cultivating the same since last 3 years. Thus, Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 2/13/2024 12:32:41 PM 3 the counsel submits that accordingly, the GRA be directed to reconsider its order in the light of the aforesaid order passed by this Court.
2. No other point is argued or pressed by the counsel for the petitioners.
3. Heard the submissions advanced by the counsel for the petitioners.
4. It is undisputed that these petitions are pending since 2010. Despite service of notice, no one has appeared for respondent No. 3. Accordingly, these petitions stand disposed of with direction to the Grievances Redressal Authority to reconsider order dated 20.10.2009 impugned in W.P. No. 15184 of 2010 and order dated 26.9.2009 impugned in W.P. No. 16779 of 2020 in the light of the order dated 4.5.2010 passed by this Court in W.P. No.7269 of 2006 (Shyam Singh Thakur Vs. The State of M.P. & others) within a period of 90 days from the date of production of certified copy of this order by passing a well reasoned and speaking order.
5 . It is made clear that before reconsidering the issue in terms of this order, the Grievances Redressal Authority shall afford an opportunity of hearing to respondent No. 3 as well.
(MANINDER S. BHATTI) JUDGE PB Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 2/13/2024 12:32:41 PM