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Madhya Pradesh High Court Stayed State Govt. Constitutionally Duty Bound To Protect The Interest Of Tribal Community; Land Acquired For Construction Of Police Post

The Madhya Pradesh High Court in the case Haresingh Markam v. Union of India Through Principal Secretary Ministry of Tribal Affairs & Ors. observed that the state government is constitutionally duty-bound to protect the interest of the tribal community concerned. The single bench headed by Justice Vivek Agarwal in the case observed and has also […]

Madhya Pradesh High Court Answers: Is Single Writ Appeal Against Two Separate Orders Of Writ Court Maintainable?
Madhya Pradesh High Court Answers: Is Single Writ Appeal Against Two Separate Orders Of Writ Court Maintainable?

The Madhya Pradesh High Court in the case Haresingh Markam v. Union of India Through Principal Secretary Ministry of Tribal Affairs & Ors. observed that the state government is constitutionally duty-bound to protect the interest of the tribal community concerned. The single bench headed by Justice Vivek Agarwal in the case observed and has also instructed the Principal Secretary of the Home Department to consider and pass a speaking order on the representation of the complainant within thirty days if such a representation is made by him within the period of 15 days from the date of pronouncement of order. The court opined while disposing of the plea moved by a member of the tribal community that it is made clear that looking to the status of the petitioner being a member of the Scheduled Tribe community, it is expected that Principal Secretary, Home Department will take a holistic view, in as much as, the State Government is dutybound by the constitutional provisions in order to protect the interest of such Tribal community. In the present case, the petitioner files a fresh representation before the Principal Secretary, Home Department, Vallabh Bhawan Bhopal within fifteen days from today, then the said authority shall decide the said representation through a speaking order within the period of thirty days under communication to the petitioner. The court observed that the Cabinet Secretary has no authority to decide the affairs of the state since a representation was made by the complainant/petitioner to the Cabinet Secretary initially. Therefore, the compliant in the said case is moved by a person belonging to the ‘Baiga’ tribe alleging that his land was taken over by the state authorities without following the due procedure contemplated under the Land Acquisition Act. As per the complainant or petitioner, the state government has already erected the police post on his land rendering it useless. However, the complainant belonging to the ‘Baiga’ tribe submitted before the court that he had become a ‘land loser’ and his valuable rights had been affected by the erection of a police post. Further, the Jabalpur siting bench stated that to my understanding of aspects of Public Administration, post of Cabinet Secretary has nothing to do with the affairs of the State. The said representation is required to be made to the Principal Secretary, Home Department or the Collector, District Balaghat who have already been impleaded as respondent nos. 3 and 4 inthe present petition.

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