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Judgment
Nandita Dubey, J
By this petition, the petitioners are seeking a direction to the respondents No.2 to 4 to take into consideration the separate holding of the petitioners towards valuation for preparation of award under Section 23 of the Act.
It is submitted that earlier notification dated 01.4.2017 was issued under Sub-Section (1) of Section 11 of the Act, for acquisition of land mentioned in the notification which included the land of village Devari and other villages of District Sidhi for the purpose of construction of Sidhi Singrouli Railway Line. It is further submitted that after issuance of notice under Section 11 of the Act, a declaration was issued under Section 19 of the Act, in which the land of the petitioners was separately mentioned. However, in a subsequent notice issued under Section 21 of the Act, the name of the petitioners was missing. It is prayed that the authority concerned be directed to decide his pending representation/objection in this regard before disbursal of the awarded amount.
Learned Government Advocate for the respondents/State has no objection to the said innocuous prayer. It is submitted that in case if the award is not already passed, objection of the petitioners be decided as per law after verifying the documents produced by the petitioners.
Considering the aforesaid, this petition is disposed of with a direction to the petitioners to file a fresh representation along with all supporting documents to substantiate their plea before the concerned authority. In case if such an application/objection is moved within a period of 10 days from today, the concerned authority shall decide the same in accordance with law before disbursal of the awarded amount, if the same has not been disbursed yet. Let this exercise be completed within a period of 45 days from today.
Till the decision on the representation is made, the amount of award, if not already disbursed, shall not be disbursed in respect of the land recorded in the name of the petitioners.
It is made clear that this Court has not opined on the merits of the case.
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