Judgment :

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred against the judgment and order dated 16.12.2010 passed by the Madhya Pradesh High Court, Jabalpurin Writ Petition No. 1360 of 2009.

2. Facts and circumstancesgiving rise to this appeal are as under:

A. In the year 1972, the State of Madhya Pradeshconceived a dam to provide irrigation facilities to farmers of Khargone district. The dam, on filling upto full, would cause submergence of 1258.59 hectares of land, out of which 1037.715 is private and 206.635 is government and 14.24 hectares is forest land.

B. On 10.1.1992, a detailed Project Report was prepared and submitted to the State Government and the Final Project Report was approved by Technical Committee of Central Water Commission vide order dated 6.5.1997. Clearance to the project was given by the Government of India. It was on 10.10.2002 that the project was accorded Environmental and Forest clearance.

C. The Cabinet of Ministers in its meeting dated 4.10.2002 approved payment of Special Rehabilitation Grant (hereinafter called SRG) to be paid to oustees, who would not ask for land in lieu of land acquired. As a consequence thereof, order dated 28.12.2002 was is