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IN THE HIGH COURT OF MADHYA PRADESH

BENCH AT INDORE

WRIT PETITION NO. OF 2021


IN THE MATTER OF

Anokhi Bai & Ors. …Petitioners


Versus

Narmada Valley Development


Authority & Ors. …Respondents
INDEX

S.No. Particulars Annexure Page


Marked Nos.
1. Brief Synopsis of the matter
2. Application for urgent hearing through Video
Conferencing
3. Information as per clause 7 of video
conferencing and e-filing guidelines dated
15.04.2020.
4. List of dates.
5. Writ Petition with affidavit.
6. List of documents.
7. A true copy of the letter, dated 24.12.2019 P/1
8. A true copy of the application, dated P/2
01.09.2020
9. A true copy of the representation, dated P/3
04.09.2020
10. A true copy of the representation, dated P/4
18.10.2020 (Colly)
11. A true copy of the reply, dated 26.01.2021 P/5
12. A certified copy of the crop damage P/6
Panchnama, dated 09.10.2020
13. A certified copy of the list of farmers incurred P/7
losses due to damage of crops
14. A true copy of the newspaper article, dated P/8
15.10.2019
15. A true copy of the Map of village – P/9
Lahsangaav, Patwari Halka No. 53, Tehsil –
Dharampuri, District – Dhar
16. True Copies of the individual maps of the P/10
agricultural lands belonging to the (Colly)
Petitioners
17. Declaration
18. Vakalatnama

INDORE (ABHISHEK MALVIYA)


DATE: 20.02.2021 COUNSEL FOR THE
PETITIONER

IN THE HIGH COURT OF MADHYA PRADESH

BENCH AT INDORE

WRIT PETITION NO. OF 2021


IN THE MATTER OF

Anokhi Bai & Ors. …Petitioners


Versus

Narmada Valley Development


Authority & Ors. …Respondents

LIST OF DATES

NIL The Petitioners are the absolute owners of the


survey numbers stated herein the present
petition. The poor Petitioners are earning their
livelihood by cultivating the said pieces of
agricultural land situated in Village - Lahsangaav,
Tehsil Dharampuri, District Dhar.

NIL That the said agricultural lands of the Petitioners


are situated near the bank of the Narmada River.
The construction of a dam under Sardar Sarovar
Project on Narmada River has augmented the
plight of the Petitioners since the entire back
waters of the Dam is submerging the land which
the Petitioners are cultivating for their livelihood.
In these circumstances the Petitioners are facing
immense difficulty in performing their agricultural
duties and in every season of monsoon the entire
crops are being damaged due to the release of
water from the Dam under the Sardar Sarovar
Project.

24.12.2019 The Petitioner moved an application in favour of


the Land Acquisition Officer requesting him to
acquire the entire portion of lands being
submerged due to the water released from the
Dam under the Sardar Sarovar Project.

01.09.2020 Petitioners moved an application in favour of the


Tehsildar, Dharampuri, Dhar requesting the
concerned authorities to prepare a status report
on the loss of crops and acquire their lands
submerged due to waters of the Dam under the
Sardar Sarovar Project.

04.09.2020 The Petitioner moved a representation in favour


of the District Magistrate, Dhar highlighting the
difficulty being faced by them due to the
submergence of their lands and inability to
discharge their agricultural duties to earn their
livelihood. The said representation has been duly
received by the office of the DM, Dhar, however,
till date no action has been taken by the District
Magistrate in this regard.

18.10.2020 Being aggrieved by the inaction on the part of the


Tehsildar, Land Acquisition Officer and District
Magistrate, Dhar the Petitioners again moved a
representation, dated 18.10.2020 in favour of the
Respondents stating therein that the problem of
submergence of agricultural land due to back
waters is affecting hundreds of farmers in this
region. Due to submergence of land by back
waters around 300 bighas of agricultural land has
become infertile and hence the Petitioners have
left with no other means to earn our livelihood.
It was also stated in the representation that
since last few years numerous complaints were
made to the government officers including District
Magistrate, SDM, Tehsildar and officials of
Narmada Valley Development Authority; however
all the efforts and complaints went in vain and till
date the Petitioners have been subjected to grave
injustice at the hands of the officials of the State
Government. It is also pertinent to mention here
that the various authorities have visited the said
region and prepared memos and reports in
respect to the damage to the crops and infertility
of land due to submergence of back water of
Sardar Sarovar Project. The concerned officials
including District Magistrate and SDM have made
several oral promises to resolve the aforesaid
issue and assured us that the Petitioners’ land will
be acquired by the State Government and proper
compensation will awarded to them to purchase
alternate agricultural land to earn our livelihood;
however, till date the Petitioners are running from
pillar to post and no solution has been provided
by the concerned authorities in favour of the
Petitioners.

26.01.2021 The Respondents replied to the Representation,


dated 18.10.2020, stating therein that the
concerned authority is in the process of
constructing a bridge over the Buti Nala. The
Respondents have admitted that the Petitioners is
facing difficulty due to the water released from the
Dam under Sardar Sarovar Project. However, the
Respondents have utterly failed to note that due
to continuous submergence of the lands of the
Petitioners the said portion of lands are becoming
infertile and hence there is an urgent need to
acquire the said parcels of land and provide
alternate lands to the Petitioners in the interest of
justice.

20.01.2021 The Petitioners have been constrained to


approach this Hon’ble Court in the interest of
justice, by way of filing of the present petition.
INDORE (ABHISHEK MALVIYA)
DATE: 20.01.2021 COUNSEL FOR THE
PETITIONER

BEFORE THE HON’BLE HIGH COURT OF MADHYA PRADESH,

BENCH AT INDORE

WRIT PETITION NO. OF 2017

IN THE MATTER OF

1. Anokhibai
W/o Dinesh Balai,
R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

2. Asharam S/o Dhannalal


R/o Village – Balwadda,
Tehsil– Dharampuri, M.P.

3. Mansaram S/o Dhannalal


R/o Village – Balwadda,
Tehsil– Dharampuri, M.P.

4. Devram S/o Dhannalal


R/o Village – Balwadda,
Tehsil– Dharampuri, M.P.

5. Sevkram S/o Dhannalal


R/o Village – Balwadda,
Tehsil– Dharampuri, M.P.

6. Leelabai W/o Mansram


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

7. Baliram S/o Mangat


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

8. Bhoori Bai W/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

9. Smoti Bai W/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.
10. Dhan Singh S/o Chen Singh,
R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.
11. Alkesh S/o Chen Singh,
R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

12. Rupesh S/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

13. Dharmendra S/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

14. Prembai D/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

15. Kalabai D/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

16. Parvatibai D/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

17. Girijabai D/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

18. Nirmalabai D/o Chen Singh,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

19. Dinesh S/o Modi


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

20. Hariram S/o Mangat,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

21. Hirda Ram S/o Mangat,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

22. Hirdaram S/o Sippu,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

23. Kalabai W/o Rameshwar,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

24. Mahadev S/o Modi Patel,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

25. Dinesh S/o Modi Patel,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

26. Gyarasibai Bai W/o Modi Patel,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

27. Mahendra S/o Balaram,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

28. Manohar S/o Rajaram,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

29. Nanuram S/o Devchand,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

30. Narendra S/o Rameshchandra, .


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

31. Manoj S/o Rameshchandra,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

32. Usha Bai D/o Rameshchandra,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

33. Urmila Bai W/o Rameshchandra


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

34. Sunderlal S/o Raja Bhau,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

35. Prabhu S/o Rajaram,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

36. Radhabai W/o RamlalBalai,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

37. Raghuvir S/o Sippu,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

38. Ramilabai W/o ChampalalKir,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

39. Ramlal S/o Sippu,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

40. Shakubai W/o MansharamBalai,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

41. Shantabai W/o Motiya (Motiram),


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.

42. Shriram S/o Mangat,


R/o Village – Balwadda,
Tehsil – Dharampuri, M.P.
…Petitioners

Versus

1. Narmada Valley Development Authority,


Through
Secretary (Rehabilitation & Field)
NVDA,
Sector B C-74, Vijay Nagar,
Indore,
M.P.

2. Executive Engineer,
(P.W.D.) NVDA,
Indira Sagar Project,
Division No. 2,
Dharampuri,
Dhar, M.P.

3. Narmada Valley Development Authority,


59, Arera Hills, Narmada Bhawan,
Bhopal-462011,
M.P.

4. Officer of Land Acquisition Officer,


Sardar Sarovar Project,
Dharampuri,
Dhar, M.P.

5. Sub-Divisional Officer,
(P.W.D.) NVDA,
Division No. 1/6,
Dharampuri,
Dhar, M.P.

6. State of Madhya Pradesh,


Through,
District Magistrate,
Prakash Nagar, District: Dhar - 454001,
Madhya Pradesh.

7. Tehsildar,
Tehsil- Dharampuri,
District – Dhar,
M.P. …Respondents

WRIT PETITION UNDER ARTICLE 226/227 OF THE


CONSTITUTION OF INDIA.

MAY IT PLEASE YOUR LORDSHIP,

PARTICULARS OF THE PETITIONER


As per cause title above.
PARTICULARS OF THE RESPONDENTS
As per cause title above

1 PARTICULARS OF THE ORDER AGAINST WHICH


PETITION IS BEING FILED

(1) Date of Order: N.A.


(2) Passed in: N.A.
(3) Passed by: N.A.
(4) Subject-matter in brief--

A Writ in the nature of Mandamus/Certiorari seeking


appropriate and necessary directions to the Respondents to
acquire the agricultural lands situated at village Lahsangaav,
Tehsil Dharampuri, District Dhar owned by the Petitioners
herein, after conducting proper survey, preparing reports and
memos of the said region.

2 A DECLARATION ABOUT PREVIOUS PROCEEDINGS

The Petitioners declare that no proceedings in respect to the


same subject matter are pending adjudication before any court
of law.

3. DETAILS OF REMEDIES EXHAUSTED


The Petitioners declare that they have availed all statutory and
other remedies.

4. DELAY IF ANY, IN FILING THE PETITION, AND


EXPLANATION THERETO
There is no delay in filing this petition.

5. FACTS OF THE CASE


5.1 The Petitioners are the absolute owners of the survey
numbers stated herein the present petition. The poor
Petitioners are earning their livelihood by cultivating the said
pieces of agricultural land situated in village Lahsangaav,
Tehsil Dharampuri, District Dhar.

5.2 That the said agricultural lands of the Petitioners are situated
near the bank of the Narmada River. The construction of a
dam under Sardar Sarovar Project on Narmada River has
augmented the plight of the Petitioners since the entire back
waters of the Dam is submerging the land which the
Petitioners are cultivating for their livelihood. In these
circumstances the Petitioners are facing immense difficulty in
performing their agricultural duties and in every season of
monsoon the entire crops are being damaged due to the
release of water from the Dam under the Sardar Sarovar
Project.

5.3 That on 24.12.2019 the Petitioner moved an application in


favour of the Land Acquisition Officer requesting him to
acquire the entire portion of lands being submerged due to
the water released from the Dam under the Sardar Sarovar
Project. A true copy of the letter, dated 24.12.2019 is
annexed herewith and marked as ANNEXURE P/1.

5.4 That on 01.09.2020, Petitioners moved an application in


favour of the Tehsildar, Dharampuri, Dhar requesting the
concerned authorities to prepare a status report on the loss
of crops and acquire their lands submerged due to waters of
the Dam under the Sardar Sarovar Project. A true copy of the
application, dated 01.09.2020 is annexed herewith and
marked as ANNEXURE P/2.

5.5 That on 04.09.2020 the Petitioner moved a representation in


favour of the District Magistrate, Dhar highlighting the
difficulty being faced by them due to the submergence of
their lands and inability to discharge their agricultural duties
to earn their livelihood. The said representation has been
duly received by the office of the DM, Dhar, however, till date
no action has been taken by the District Magistrate in this
regard. A true copy of the representation, dated 04.09.2020
is annexed herewith and marked as ANNEXURE P/3.

5.6 That being aggrieved by the inaction on the part of the


Tehsildar, Land Acquisition Officer and District Magistrate,
Dhar the Petitioners again moved a representation, dated
18.10.2020, in favour of the Respondents stating therein that
the problem of submergence of agricultural land due to back
waters is affecting hundreds of farmers in this region. Due to
submergence of land by back waters around 300 bighas of
agricultural land has become infertile and hence the
Petitioners have left with no other means to earn our
livelihood. A true copy of the representation, dated
18.10.2020, is annexed herewith and marked as
ANNEXURE P/4 (Colly).

5.7 It is further stated that the Petitioners duly mentioned in the


said representation that since last few years numerous
complaints were made to the government officers including
District Magistrate, SDM, Tehsildar and officials of Narmada
Valley Development Authority; however all the efforts and
complaints went in vain and till date the Petitioners have
been subjected to grave injustice at the hands of the officials
of the State Government. It is also pertinent to mention here
that the various authorities have visited the said region and
prepared memos and reports in respect to the damage to the
crops and infertility of land due to submergence of back
water of Sardar Sarovar Project. The concerned officials
including District Magistrate and SDM have made several
oral promises to resolve the aforesaid issue and assured us
that the Petitioners’ land will be acquired by the State
Government and proper compensation will awarded to them
to purchase alternate agricultural land to earn our livelihood;
however, till date the Petitioners are running from pillar to
post and no solution has been provided by the concerned
authorities in favour of the Petitioners.

5.9 That for the assistance of this Hon’ble Court following is the
details of the lands belonging to the Petitioners being
submerged due to Dam of the Sardar Sarovar Project: -

S.NO. NAME OF THE PETITIONER SURVEY NO. LOCATION


1. Anokhibai W/o Dinesh Balai, Survey No. Village
87/60/3, Raqba Lahsangaav,
– 0.241. Tehsil –
Dharampuri,
Dhar.
2. Asharam, Mansaram, Devram, All joint owners Village
Sevkram All S/o Dhannalal, of Survey No. Lahsangaav,
Leelabai W/o Mansram. 43/3, Raqba – Tehsil –
0.346, Survey
Dharampuri,
(Earlier out of total land No. 3/1, Raqba
belonging to Dhannalal S/o Dhar.
Gopal Mattha admeasuring – 0.637, Patwari
Raqba – 2.420 a portion to the Halka No.
tune of 4.17% admeasuring 53
Raqba – 0.101 is submerged
due to water from Sardar
Sarovar Dam.)

3. Baliram S/o Mangat, Survey No. Village


43/2, Raqba – Lahsangaav,
0.346 Tehsil –
Dharampuri,
Dhar.
4. Bhoori Bai W/o Chen Singh, All joint and Village
Smoti Bai W/o Chen Singh, absolute Lahsangaav,
Dhan Singh, Alkesh, Rupesh, owners of Tehsil –
Dharmendra, Survey No. 58, Dharampuri,
All S/o Chen Singh, Raqba – 0.619; Dhar.
Prembai, Kalabai, Parvatibai, Survey No. 60,
Girijabai, Nirmalabai, Raqba – 0.696;
All D/o Chen Singh. Survey No. 61,
Raqba – 1.012.

5. Dinesh S/o Modi, Survey No. Village


15/2/1, Raqba Lahsangaav,
– 2.307, Tehsil –
Survey No. Dharampuri,
69/1/2, Raqba Dhar.
– 0.500.

6. Hariram S/o Mangat, Owner of Village


survey no. Lahsangaav,
(Earlier the joint land was 25/3, Raqba – Tehsil –
admeasuring Raqba – 2.208, 0.451. Dharampuri,
wherein Raqba – 0.506 was Dhar.
submerged which is a total of
22.91% of the total land. The
joint owners were Revaram,
Hariram, Shriram, Baliram, all
S/o Mangat Ram, Chhaganbai
W/o Mangat Singh.)

7. Hirdaram S/o Sippu, Survey No. Village


57/2, Raqba – Lahsangaav,
0.759, Tehsil –
Survey No. Dharampuri,
62/2, Raqba – Dhar.
0.935,
Total Raqba –
1.694.

8. Hirda Ram S/o Mangat, Survey no. Village


62/1, Raqba – Lahsangaav,
0.937 Tehsil –
Dharampuri,
Dhar.
9. Kalabai W/o Rameshwar, Survey No. Village
42/2, Raqba – Lahsangaav,
(Out of total Raqba – 1.681 a 0.841, Tehsil –
portion to the tune of 12.01%, Dharampuri,
admeasuring Raqba – 0.202 Dhar.
has been submerged due to
water from Sardar Sarovar
Dam)

10. Mahadev S/o Modi Patel Survey No. Village


15/2/2, Raqba Lahsangaav,
(Joint land owned by Mahadev, – 0.253, Survey Tehsil –
Dinesh S/o Modi Patel and No. 69/1/1, Dharampuri,
Gyarasibai Bai W/o Modi Patel, Raqba – 0.500. Dhar.
admeasuring total Raqba –
3.562 is submerged to the tune
of 1.43% comprising of Raqba –
0.051.)

11. Mahendra S/o Balaram, Survey No. 81- Village


82/2, Raqba – Lahsangaav,
(Earlier out of total land 0.715, Tehsil –
belonging to Balaram S/o Dharampuri,
Seetaram Mattha admeasuring Dhar.
Raqba – 1.701 a portion to the
tune of 8.58% admeasuring
Raqba – 0.146 is submerged
due to water from Sardar
Sarovar Dam.)

12. Manohar S/o Rajaram, Survey No. Village


42/1, Raqba – Lahsangaav,
(Earlier out of total land 0.840, Tehsil –
belonging to Rajaram S/o Dharampuri,
Ganpat admeasuring Raqba – Dhar.
1.681 a portion to the tune of
12.01% admeasuring Raqba –
0.202 is submerged due to
water from Sardar Sarovar
Dam.)

13. Nanuram S/o Devchand, Survey No. Village


62/2, Raqba – Lahsangaav,
0.505. Tehsil –
Dharampuri,
Dhar.
14. Narendra, Manoj S/o All joint owners Village
Rameshchandra, Usha Bai D/o of Survey No. Lahsangaav,
Rameshchandra, Urmila Bai 27: Raqba – Tehsil –
W/o Rameshchandra S/o Raja 0.101, Survey Dharampuri,
Bhau, Sunderlal S/o Raja Bhau. No. 30, 31, 32, Dhar.
33: Raqba –
(Earlier out of total land 0.834, Survey
belonging to Rameshchandra No. 34: Raqba
and Sundarlal S/o Rajabhau – 0.063
admeasuring Raqba – 1.504 a
portion to the tune of 9.24%
admeasuring Raqba – 0.139 is
submerged due to water from
Sardar Sarovar Dam.)

15. Prabhu S/o Rajaram, Survey No. Village


63/2, Raqba – Lahsangaav,
1.12. Tehsil –
Dharampuri,
Dhar.
16. Radhabai W/o Ramlal Balai, Survey No. Village
87/60/2, Raqba Lahsangaav,
– 0.240. Tehsil –
Dharampuri,
Dhar.
17. Raghuvir S/o Sippu, Survey No. Village
65/1, Raqba – Lahsangaav,
1.302. Tehsil –
Dharampuri,
Dhar.
18. Ramilabai W/o Champalal Kir, Survey No. Village
25/1, Raqba – Lahsangaav,
0.502 Tehsil –
Dharampuri,
Dhar.
19. Ramlal S/o Sippu Survey No. 80- Village
82/1, Raqba – Lahsangaav,
(Earlier out of total land 1.012, 0.614. Tehsil –
belonging to Sippu S/o Gopal Dharampuri,
Mattha admeasuring Raqba – Dhar.
2.420 a portion to the tune of
19.17% admeasuring Raqba –
3.725 is submerged due to
water from Sardar Sarovar
Dam.)

20. Shakubai W/o Mansharam Survey No. Village


Balai, 87/60/1, Raqba Lahsangaav,
– 0.240 Tehsil –
Dharampuri,
Dhar.
21. Shantabai W/o Motiya Survey No. 29, Village
(Motiram), Raqba – 0.569. Lahsangaav,
Sevtibai, Amolbai, Sumanbai Tehsil –
All D/o Motiya. Dharampuri,
Dhar.
22. Shriram S/o Mangat, Survey no. Village
25/2, Raqba – Lahsangaav,
(Earlier the joint land was 0.451. Tehsil –
admeasuring Raqba – 2.208, Dharampuri,
wherein Raqba – 0.506 was Dhar.
submerged which is a total of
22.91% of the total land. The
joint owners were Revaram,
Hariram, Shriram, Baliram, all
S/o Mangat Ram, Chhaganbai
W/o Mangat Singh.)

5.9 That on 26.01.2021 the Respondents replied to the


Representation, dated 18.10.2020, stating therein that the
concerned authority is in the process of constructing a bridge
over the Buti Nala. The Respondents have admitted that the
Petitioners is facing difficulty due to the water released from
the Dam under Sardar Sarovar Project. However, the
Respondents have utterly failed to note that due to
continuous submergence of the lands of the Petitioners the
said portion of lands are becoming infertile and hence there
is an urgent need to acquire the said parcels of land and
provide alternate lands to the Petitioners in the interest of
justice. A true copy of the reply, dated 26.01.2021, is
annexed herewith and marked as ANNEXURE P/5.

5.10 That the Tehsildar, Dharampuri has duly prepared a


panchanama (memo) of the damage of crops occurred due
to the excess of water of Sardar Sarovar Project in the
agricultural lands of the Petitioner herein. A certified copy of
the crop damage Panchnama, dated 09.10.2020 is annexed
herewith and marked as ANNEXURE P/6. Consequently, the
appropriate authorities have duly accepted the damage of
crops and loss sustained by the petitioners herein and
prepared a consolidated list of the farmers and amount
payable to them in respect to the damage of crops due to
excess water released by the Sardar Sarovar Project. A
certified copy of the list of farmers incurred losses due to
damage of crops are annexed herewith and marked as
ANNEXURE P/7.
5.11 That the local newspaper also covered the news in respect to
the damage caused to the crops in village Lahsangaav due
to submergence of the agricultural fields of the Petitioners
herein. The newspaper article duly highlighted the difficulty
faced by the Petitioners herein due to the water released by
the dam under Sardar Sarovar Project. A true copy of the
newspaper article, dated 15.10.2019, is annexed herewith
and marked as ANNEXURE P/8.

5.12 That the Petitioners have procured a certified copy of the


map of the village Lahsangaav which has been surrounded
by the Narmada River, Buti Nala and Kaaram River, which
clearly depicts that due the geographical location of the
agricultural lands situated in village Lahsangaav the crops
are being damaged due to water released by the dam under
Sardar Sarovar Project. A true copy of the Map of village –
Lahsangaav, Patwari Halka No. 53, Tehsil – Dharampuri,
District – Dhar is annexed herewith and marked as
ANNEXURE P/9. True Copies of the individual maps of the
agricultural lands belonging to the Petitioners are annexed
herewith and marked as ANNEXURE P/10 (Colly).

5.12 That the Petitioners have been constrained to approach this


Hon’ble Court in the interest of justice, by way of filing of the
present petition.

6. GROUNDS

A. Because the Respondents have failed to consider the genuine


claim of the Petitioner herein. The Petitioners have been
subjected to injustice at the hands of the Respondents. The
Respondents have erred in not appreciating that the poor
Petitioners are earning their livelihood by cultivating the said
pieces of agricultural land situated in village Lahsangaav,
Tehsil Dharampuri, District Dhar.

B. Because the Respondents have committed an error in not


appreciating that the said agricultural lands of the Petitioners
are situated near the bank of the Narmada River. The
construction of a dam under Sardar Sarovar Project on
Narmada River has augmented the plight of the Petitioners
since the entire back waters of the Dam is submerging the
land which the Petitioners are cultivating for their livelihood. In
these circumstances the Petitioners are facing immense
difficulty in performing their agricultural duties and in every
season of monsoon the entire crops are being damaged due
to the release of water from the Dam under the Sardar
Sarovar Project.

C. Because the Petitioners have no alternate land to earn their


livelihood and due the waters from the Dam of Sardar Sarovar
Project the only pieces of lands of the Petitioners were
becoming infertile and hence there is an urgent need to cater
the problems faced by the Petitioners herein by acquiring their
lands situated at village Lahsangaav, Tehsil Dharampuri,
District Dhar.

D. Because the Respondents have issued a reply admitting that


the Petitioners are facing difficulty in discharging their
agricultural duties, however, the Respondents have utterly
refused to acquire the said portions of lands and subjected the
poor Petitioners to grave injustice.

E. Because the inactions of the Respondents are illegal and


illegitimate and violative of the constitutional rights of the
Petitioners enshrined under Article 300A of the Constitution.

F. That the said acts of the Respondents are violative of Article


21 and 300A of The Constitution of India.

G. That the Petitioner reserves his right to raise further grounds


at the time of hearing of the present petition.

7. RELIEF PRAYED FOR

It is humbly prayed that the-


(A) Direct the Respondents to acquire the lands belonging
to the Petitioners situated at village Lahsangaav, Tehsil
Dharampuri, District Dhar as enumerated herein above.

(B) Direct to the Respondents to conduct proper survey,


inspection, memos in respect to the lands in question
and take appropriate actions in favour of the Petitioner
by providing alternate lands to them in lieu of the lands
being submerged due to the Dam of the Sardar Sarovar
Project.

(C) Such other relief/ reliefs this Hon’ble court deems fit and
proper in the present circumstances of the matter and in
favour of the Petitioner.

8. AD- INTERIM RELIEF:-

That, during the pendency of the present petition

respondents may kindly be directed to conduct survey and

prepare reports in respect to the lands submerged due to the

water released by the Dam of Sardar Sarovar Project situated

in the village – Lahsangaav, Tehsil – Dharampuri, District –

Dhar.

Pass any other or further order(s) deemed fit and


necessary in the facts and circumstances of the matter.

9. DOCUMENTS RELIED ON BUT NOT IN POSSESSION OF


THE PETITIONER.

It is humbly submitted that the Petitioner has filed all the


documents on which he relied.

10. CAVEAT
It is humbly submitted that no notice of lodging a caveat by the
opposite party is received.
INDORE (ABHISHEK MALVIYA)
DATE: 20.02.2021 COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH

BENCH AT INDORE

WRIT PETITION NO. OF 2021


IN THE MATTER OF

Anokhi Bai & Ors. …Petitioners


Versus

Narmada Valley Development


Authority & Ors. …Respondents

LIST OF DOCUMENTS
S.No Particulars Date of Original/ No. of
. Documents Copy Pages
1. A true copy of the letter, dated P/1 Copy
24.12.2019
2. A true copy of the application, P/2 Copy
dated 01.09.2020
3. A true copy of the P/3 Copy
representation, dated
04.09.2020
4. A true copy of the P/4 Copy
representation, dated (Colly)
18.10.2020
5. A true copy of the reply, dated P/5 Copy
26.01.2021
6. A certified copy of the crop P/6 Certified
damage Panchnama, dated
09.10.2020
7. A certified copy of the list of P/7 Certified
farmers incurred losses due to
damage of crops
8. A true copy of the newspaper P/8 Copy
article, dated 15.10.2019
9. A true copy of the Map of P/9 Copy
village – Lahsangaav, Patwari
Halka No. 53, Tehsil –
Dharampuri, District – Dhar
10. True Copies of the individual P/10 (Colly) Copy
maps of the agricultural lands
belonging to the Petitioners

INDORE (ABHISHEK MALVIYA)


DATE: 20.02.2021 COUNSEL FOR THE
PETITIONER

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