The Madhya Pradesh High Court upheld the decision of the district level Nauradehi Displacement Committee, Damoh denying displacement compensation to a minor daughter of the petitioner.
The court held the admission register of the school, which can be said to be an authenticated document in the light of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015, this Court is of considered opinion that the respondent No.3 (District Level Nauradehi Displacement Commitee Damoh district) did not commit any mistake by rejecting the claim of the petitioner that his daughter was minor on the cut off date.
The Nauradehi National Park was declared on 06.11.2019 and the cut off date was 28.02.2021. If the date of birth of daughter of the petitioner is considered as 12.06.2003, then it is clear that on cut off date, she had not attained the age of 18 years. Petitioner has also not filed even the extracts of the Kotwari book to show the date of birth of the daughter of petitioner., the court order said
This petition was filed against the order dated 28.05.2022 passed by the District Level Nauradehi (V.P.) Displacement Committee, District Damoh in File No.23/Visthapan by which the claim of the petitioner for grant of
Rs.10,00,000 by treating his daughter as a separate unit has been
rejected.
It is submitted by counsel for petitioner that the petitioner is
one of the displaced families of Nauradehi National Park and as per
said policy, every major family member of the family was treated to be
a separate unit and was entitled for a separate amount of
Rs.10,00,000.
The daughter of the petitioner was treated to be minor on the cut off date as fixed by the notification and therefore an amount of Rs.10,00,000 has not been paid to her. It is submitted that in fact the daughter of the petitioner was major and therefore she is entitled for the displacement compensation of Rs.10,00,000.
The court observed on one hand, the petitioner has claimed that his daughter is major and on the other hand the present petition has been filed by the petitioner. If the daughter of the petitioner is major, then the petition
cannot be filed by the petitioner as the aggrieved person can be said to be daughter of the petitioner. Once, the petitioner is agitating the claim
of his daughter clearly indicates that she was minor, the court order said.
