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Judgment
This order shall govern both the writ appeals as the grievances agitated therein, much or less, are identical. I.A. No. 3585/2012 has been preferred in W.A. No. 306/2012 (Sitaram Lodhi vs. State of M.P. & others) seeking condonation of delay in filing the writ appeal. For the reasons stated in the application duly supported by an affidavit, the delay is condoned.
The appellants are claiming themselves to be agriculturists of the land situate in Village, Maheba, Tahsil Shah Nagar, District Panna. Their lands have been allegedly acquired by the respondents for construction of Chakra Dam, Westwear, Spill Way, Approach Channel and Canal and they had approached this Court challenging the aforesaid acquisition of their land. The writ court considered the matter at length and dismissed the writ petition by the impugned order against which the appellants are before this Court.
Learned Government Advocate for the State submits that after acquiring the lands, awards have been passed by the Land Acquisition Officer and compensations have been given to the affected persons and hence, this appeal has been rendered infructuous.
In reply, it is submitted by Sarva Shri A.P. Shroti and Shri Saurabh Tiwari, learned counsel for the appellants that the only source of livelihood of the appellants was the agricultural land and after acquisition thereof the appellants have become landless and they have lost their source of livelihood. The appellants may be allowed to move applications before the authorities concerned, to allot them some land in lieu of compensation which they have not received till date.
Though the prayer is opposed by Shri Piyush Dharmadhikari, learned Govt. Advocate, but to consider the short grievance of the appellants raised in these appeals, it would be appropriate to dispose of the appeals finally, with the following directions: (i) The appellants may move applications to the authorities concerned for allotment of some agriculture lands in lieu of the lands which are stated to have been acquired by the respondents for construction of the Chakara Dam.
(ii) The authorities concerned shall look into the grievance of the appellants and if the appellants have not received the amount of compensation till date and such land is available, then they shall consider the prayer of the appellants for allotment of land in accordance with law and communicate the same to the appellants immediately.
(iii) The aforesaid exercise shall be completed by the authorities concerned, within a period of 60 days from the date of filing of such applications by the appellants.
No order as to costs.