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Judgment
Prashant Kumar Mishra, J
Heard.
The petitioners are the residents of Village Kharra where the State Government is constructing a tank through the Gram Panchayat, Kharra -
respondent No.5. The petitioners have encroached some part of grassland, over which, the tank is constructed, therefore, they have been asked to
vacate the area, which they have already done and the construction of the tank has already taken place way back in the year 2012 at the time of filing
of the writ petition.
Prayer in this petition is for direction to the respondents to consider allotment of some alternative plot to the petitioners for their rehabilitation.
Return filed by the Gram Panchayat would indicate that the petitioners are not landless persons and even otherwise, the land in question being
grassland, the provisions of Madhya Pradesh Krishi Prayojan Ke Liye Upyog Ki Ja Rahi Dakhal Rahit Bhumi Swami Adhikaron Ka Pradan Kiya
Jana (Vishesh Upband) Adhiniyam, 1984, is not applicable to the petitioners.
Be that as it may, this Court has not stayed the construction of tank while entertaining this writ petition, therefore, the petitioners' prayer for
rehabilitation shall be considered by the concerned SDO(R) only if they happen to be landless persons.
An enquiry into the petitioners' eligibility be conducted within three months from the date of presentation of certified copy of this order before
respondent No.3, who shall decide the petitioners' competency and eligibility and thereafter, pass appropriate order in accordance with law.
The writ petition is accordingly disposed of.