Madhya Pradesh Housing And ... vs National Highways Authority Of ...
2021 Latest Caselaw 4306 MP

                             HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                                                         W.P. No.14366/2021
                              (M.P. Housing & Infrastructure Development Board Vs. National Highway
                                                    Authority of India & others)
                                                                                                 -1-
                            Indore, dated 13/08/2021
                                    Heard through Video Conferencing.

                                    Shri Sunil Jain, learned Senior Counsel with Shri Kushagra Jain,
                            learned counsel for the petitioner.
                                    Ms. Anita Sharma, learned counsel for the respondent Nos.1 and

2, on advance copy, takes notice and undertakes to file reply within 3 weeks.

Issue notice to remaining respondents on payment of P.F. within 7 days.

Notices be made returnable at an early date. Learned senior counsel is also heard on the question of interim relief. By placing reliance upon judgment delivered by the Hon'ble Supreme Court in the case of Meher Rusi Dalal Vs. Union of India, 2004 (7) SCC 362 and in the case of D. Hanumanth Sa v. State of Karnataka, 2010 (10) SCC 656, he submits that the land already acquired by the Government cannot be re-acquired under the garb of acquisition of the land.

The land was already acquired by the Government by award which is filed along with the list of document. Same is reflected by page No.28 of the impugned notification.

Considering the aforesaid, till the next date of hearing, parties shall maintain status-quo, which is prevailing regarding survey No.121 in village- Rupakheda.

C.C. as per rules.

                            (Sujoy Paul)                                      (Anil Verma)
                               Judge                                            Judge
    N.R.

Digitally signed by
NARENDRA KUMAR
RAIPURIA
Date: 2021.08.13 17:50:32
+05'30'