Mr. Vivek Rusia, J.

1. Present public interest litigation has been filed by the petitioners’ association, which is claiming to be a voluntary organisation of Bhil-Barela Advasis (Tribes). They are represented by Ms. Madhuri Krishnaswami, who claims herself to be an educated social activist. The petition has been filed with an affidavit of Ms. Madhuri Krishnaswami being associated with the petitioners’ association. No registration and authorisation of the association has been filed by the petitioner along with the petition. Looking to the nature of the cause and issue raised in the writ petition, the writ petition was entertained and notices were issued to the respondents.

2. Petitioner approached this Court for the cause of tribes, who are affected due to construction of Kharak Reservoir (Dam) under taken by the Water Resource Department of Government of M.P. The project includes construction of a dam in which 218.014 hectares of land of various villages of Khargone and Barwani districts would submerge. The names of the villages are; Juna Bilwa and Chaukhand in Dhulkot panchayat of Khargone district; and Kanipani of Kamod panchayat, Muvasi of Sirwel panchayat and Julwania in Barwani district. The submergence also includes 65.144 hectares of the forest land of district Barwani. In the second phase of project, canals would be constructed for the villages-Dhulkot, Ambakheda, Charipura, Naya Bilwa, Piplyavadi and Sukhpuri situated in Khargone districts.

3. Case of the petitioner is that hundreds of tribes are living and working in the affected area, who are forced to leave their homes, agricultural land and sources of their livelihood without their rehabilitation and resettlement under the Madhya Pradesh Adarsh Punarvas Niti 2002 and other policies framed by NVDA for the resettlement and rehabilitation (hereinafter referred as R&R).

4. As on filing of this petition, the construction of dam has already been completed by the respondents and the notices have been issued to the residents of various villages of district Barwani and district Khargone due to submergence of the land in possession in forthcoming mansoon.

5. That, according to the petitioner, the construction activities of Kharak Reservoir Project was started in the month of May, 2012 after issuance of notifications under Section 4 & 6 of the Land Acquisition Act, 1894. Therefore, Land Acquisition Officer passed a final award dated 15.07.2012 in respect of the private land measuring 55.108 hectares of district Khargone and on the same date, cheques for compensation were handed over to the owners of 40 lands. Some of the affected tribes started protest with the demand that alternative lands for their lands should be given to them and the compensation be also provided to them as they are affected due to project. They were told by the local administration that if they do not accept the compensation, the cheques would go back and they would not get anything, hence, they had no option but to accept the cheques. It was further stated that no copy of the award was made available to them by the Land Acquisition Officer and they, being illiterate and the tribes, were not aware about the proceeding of filing references under Section 18 of the Acquisition Act. No step has been taken to rehabilitate them under the Madhya Pradesh Adarsh Punarvas Niti 2002. Several adivasi families of villages-Junabilwa and Chaukhand in Khargone district; and Kanipani, Muvasi and Julwania in Barwani district are being displaced due to submergence of their lands including their irrigation facilities, homes, trees etc.. Almost forty families were occupying 55.108 hectares land but they were not paid any compensation on the ground that they are not Bhumiswamis and farming over the encroached lands.

6. However, later on, the Government realised that 55.898 hectares were under cultivation by the non-bh