Ramesh vs The Land Acquisition ...
2021 Latest Caselaw 7156 MP

                                                                      1                                MP-3411-2021
                                      The High Court Of Madhya Pradesh
                                                MP No. 3411 of 2021
                                      (RAMESH Vs THE LAND ACQUISITION REHABILITATION OFFICER AND OTHERS)

                         2
                         Jabalpur, Dated : 09-11-2021
                                Shri Kamlesh Kumar Mishra, counsel for the petitioner.
                                Shri S.K.Shrivastava, Panel Lawyer for the respondent-State.

Heard.

By the instant petition, the petitioner is challenging the order dated 17/05/2012 (Annexure-P-2), whereby the Reference Court i.e First Additional District Judge,

Khandwa dismissed the reference filed by land owners under Section 18 of Land Acquisition Act, 1984, on the ground that despite granting several opportunities, they did not produce the evidence.

The Co-ordinate Bench in M.P.No.1410/2019 (Sunderlal Vs.The Land Acquisition Officer and others) relying upon a judgment passed by the Apex Court in the case of Khazan Singh (dead) by LRs Vs. Union of India (2002) 2 SCC 242 remitted the matter to the Trial Court for adjudication of reference case and decide the same on merit.

Counsel for the petitioner submits that, although the trial court has rejected the

reference on the ground that despite granting several opportunities, no evidence has been produced, but on the date when the case was fixed, neither the counsel for applicant land owner/ was available nor the counsel for other side attended the case, therefore, instead of dismissing the case for want of evidence, it should have been dismissed for want of prosecution.

Considering the aforesaid and the order passed by the Co-ordinate Bench in M.P.No.1410/2019, the order dated 17/05/2012 (Annexure-P-2) passed by the Court below is set-aside. The matter is remitted back to the reference Court i.e First Additional District Judge, Khandwa, to decide the reference by granting one opportunity to the applicant/land owner to produce the evidence. It is made clear that, if applicant/land owner failed to produce the evidence, the reference court shall decide Signature Not Verified SAN the reference by passing a reasoned order on merit.

Digitally signed by SUSHMA KUSHWAHA Date: 2021.11.12 15:31:51 IST 2 MP-3411-2021 With the aforesaid, this petition stands disposed of.

(SANJAY DWIVEDI) JUDGE

sushma

Signature Not Verified SAN

Digitally signed by SUSHMA KUSHWAHA Date: 2021.11.12 15:31:51 IST