HARCHANDBHAI JIVAABHAI PATEL Vs. JAIL SUPERINTENDENT

JUDGEMENT

(1.) This Court on 15.06.2020 passed the following order:-

(2.) This Court has heard learned advocate Mr. Bajpai who has emphatically stated that so far, the compensation has not been received for the acquisition of the agricultural land and that in reply to the application made under the Right to Information Act , the Authority communicated to him that his personal presence will be inevitable. However, attention is drawn to the fact by learned APP who on issuance of notice when he appeared that on the very ground his request has not been entertained. On 25.02.2020, the Division Bench, (Coram: Justice Bela M. Trivedi and Justice A.C.Rao) has not entertained his application since the Court did not find any cogent ground for his release. He also further has submitted that the presence of the applicant may not be necessary for getting compensation, however, he requested that he needs to ascertain from the concerned authority and also further requires to know whether the communication dated 04.02.2020 emerging from Sardar Sarovar Narmada Nigam Limited was forming the part of earlier application for temporary bail. His request is acceded to. The Court Master shall also submit details before this Court on the next date of hearing which shall be on 19.06.2020.

(3.) Today the report which we had received from the learned Additional Public Prosecutor clearly shows that the communication, which has been made on 04.02.2020 is from Sardar Sarovar Narmada Nigam Limited. It has been also verified from the very office on 18.06.2020. This would mean that presence of the application will be a must for receiving this compensation as also for execution of the document. Considering the fact that his presence his inevitable for the said purpose, let this application be allowed for the period of 03 years and 09 months.