High CourtsDivision Bench(2018) 09 MP CK 0006

Nasra S/O Hunkarsingh vs State Of Madhya Pradesh & Ors

Madhya Pradesh High Court · Decided on 4 September 2018

HON’BLE JUDGES
P.K.Jaiswal, J · Vivek Rusia, J
RESULT
Dismissed
CASE NUMBER
Writ Pittion No. 14036, 14038, 14040 Of 2013

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Judgment

6 paragraphs · 333 words

In these bunch of Writ Petitions the petitioners are challenging the order passed by the Grievance Redressal Authority on 10.05.2013 rejecting their claim on the ground that they were not covered within the definition of "family". Learned Grievance Redressal Authority has also held that earlier applications of the petitioners were dismissed on 25.01.2006 and Grievance Redressal Authority is not having any power to review the order dated 25.01.2006 passed earlier. The order dated 10.05.2013 are impugned in the present Writ Petitions.

The Grievance Redressal Authority on due consideration of the application came to the conclusion that at the time of notification issued under Section 4 of the Land Acquisition Act, 1894, children (sons) were minor and as they were minor, keeping in view the definition of "Family", which includes minor children, family has been treated as one Unit. Thereafter the Apex Court vide order 18.09.2015 passed in the case of Narmada Bachao Aandolan V/s. Union of India & others has dismissed the application preferred by the Govt. of M.P. for declaration/modification of the previous orders.

Considering the aforesaid so also the fact that application was rejected on 25.01.2016 and now after the period of 12 years we are not going to examine the issue again when the aforesaid order was never challenged by the petitioners before an appropriate authority in accordance with law.

Learned counsel for the petitioners has also drawn our attention to Para 90 of Board of Control for Cricket, India and another V/s. Netaji Cricket Club and others reported in AIR 2005 Supreme Court 592 and prayed that the impugned order be set aside.

Considering the aforesaid facts and circumstances of the case and the decision of the Apex Court in the case of Board of Control for Cricket, India and another V/s. Netaji Cricket

Club and others, we are not inclined to interfere in the impugned order passed by the Grievance Redressal Authority. Writ Petitions filed by the present petitioners have no merit and is accordingly dismissed in limine.