TaxTMI 
TaxTMI 
2026 (10) TMI 133
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....4/2010-11 by the Collector, Singrauli whereby, the representation of the petitioner for grant of benefits in furtherance of the Rehabilitation Policy of the Government of Madhya Pradesh titled as 'Madhya Pradesh Ki Adarsh Punarvas Niti, 2002' and agreement dated 05.09.2007 & 03.04.2008 was rejected. (2) The petitioner has asked for the following reliefs :- "I. Direct the respondents to give the all benefits of Rehabilitation Policy 2002 to the petitioner. II. Direct the respondents to give the all benefits of agreement dated 03.04.2008 and 05.09.2007. III. Any other relief or writ or direction or order, which this Hon'ble Court deems fit and proper, looking to the facts and circumstances of the case....
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....licy vide order dated 23.6.2010 passed in Writ Petition No.7584/2010. Accordingly, the petitioner submitted the representation to the respondent no.2 but the Collector, Singrouli, vide impugned order dated 21.10.10 (Annexure-P/1), dismissed the representation of the petitioner holding that the petitioner is not a resident of the place acquired by the notification issued under Section 4 of the Land Acquisition Act (for brevity, 'the Act'). The petitioner has constructed the house within the acquired area after issuance of notification under Section 4 of the Act, therefore the petitioner is not entitled for the benefit of Model Rehabilitation Policy. (4) Learned counsel for the petitioner, in addition to the facts and grounds menti....
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....y Code, 2016 (for brevity, 'IBC'). The resolution plan submitted by M/s Adani Power Limited was approved by the National Company Law Tribunal vide order dated 01.11.2021. After approval of the resolution plan the corporate debtor M/s Essar Power M.P. Ltd. is converted to M/s Mahan Energen Ltd. (respondent no. 5). Learned counsel referring to Section 31(1) of the IBC submits that the approved resolution plan is binding on the corporate debtors, creditors, government authorities and all stakeholders therefore, all non-plan liabilities stands extinguished by operation of law. Learned counsel also refers to the judgment in the cases of Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta (2020) 8 SCC 531; Ghanashyam....
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....ee after due publication under Section 15 of the proposed resolution plan. As in the present case in hand, it seems that neither the erstwhile corporate debtor has placed undecided claim, which is pending in the writ petition before the Committee nor the respondents have placed the said claim before the Committee, therefore, there was no occasion for the resolution applicant to know such a liability. Therefore, in the considered opinion of this Court, the pending liability under adjudication cannot be fastened on a resolution applicant without it being placed before the adjudicating authority after due invitation of claims against the proposed action under Section 15 thereafter when the application is approved under Section 31." Thus, af....
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....nsistent laws and policies. (10) In view of the above discussion, this Court is of the considered opinion that the relief as claimed is not executable against respondent no.4 - Essar Power M.P. Ltd. and respondent no.5 - Mahan Energen Ltd. (11) Now, the execution of relief against respondents no.1, 2 and 3/State is considered. The Collector, Singrouli, in furtherance of the order dated 19.03.2010 passed in W.P. No.14342/2009 by the Co-ordinate Bench of this Court extended opportunity of filing representation and hearing to the petitioner and call for the status report from the Sub-Divisional Officer/Land Acquisition Officer, Singrauli. The Sub-Divisional Officer conducted spot inspection recorded the statement of the witnesses and sub....