Narayan vs The Land Acquisition Officer And ...
2021 Latest Caselaw 7946 MP

                                   1                                MP-3620-2021
        The High Court Of Madhya Pradesh
                  MP No. 3620 of 2021
 (NARAYAN Vs THE LAND ACQUISITION OFFICER AND OFFICER INDIRA SAGAR PROJECT NHDC
                                   AND OTHERS)


Jabalpur, Dated : 29-11-2021
      Shri Anil Kumar Tiwari, learned counsel for the petitioner.

      Shri Devdatt Bhave, learned P.L. for the respondents-State.

By way of the instant petition, the petitioner has challenged the order dated 15.05.2009 whereby the learned trial Court has dismissed the reference case filed by the petitioner under Section 18 of the Land Acquisition Act for

non-compliance of the order on default.

Learned counsel for the petitioner referred to order dated 16.5.2018 passed by this Court in Misc. Petition No.2514/2018 to urge that similar petition was disposed of by this Court and this petition may be disposed in similar terms.

Learned counsel for the respondents does not dispute the aforesaid position.

A perusal of order dated 16.5.2018 shows that similar petition i.e. Misc. Petition No.2514/2018 in Land Acquisition Proceeding was partially

allowed by this Court in the following terms:-

"Learned counsel for the petitioner at the outset submits that the present case is covered by the judgment passed by this Court in W.P.No.2297/2017 decided on 22.02.2017. It is submitted that in the present case also the case has been dismissed after reference for want of evidence. Since it is not in dispute that the controversy involved in the present case is covered in the order dated 22.02.2017 passed by a Co- ordinate Bench of this Court. This petition is also disposed of in light of the aforesaid order which has been passed relying on the judgment passed by the 2 MP-3620-2021 Apex Court in the case of Khazan Singh (dead) by LRs Vs. Union of India (2002) 2 SCC 242.

I n view of aforesaid, the impugned order dated 06.08.2010 is set aside. The matter is remitted to the trial Court for adjudication of reference case. The decision shall be taken within a period of three months from the

date of receipt of copy of the order.

It is made clear that in case reference is answered in favour of the petitioner, he will not be entitled for the interest for the period from 06.10.2010 till today because of the delay in filing of the petition against the impugned order dated 26.10.2010."

In view of above, this petition is disposed of in terms of the order dated 16.5.2018 in M.P. No.2514/2018.

(VIJAY KUMAR SHUKLA) JUDGE

PK

Signature Not Verified SAN

Digitally signed by PARITOSH KUMAR Date: 2021.11.30 17:02:06 IST