Narayan vs The Land Acquisition Officer And ...
2021 Latest Caselaw 6677 MP

                                  1                               MP-3622-2021
        The High Court Of Madhya Pradesh
                   MP-3622-2021
 (NARAYAN Vs THE LAND ACQUISITION OFFICER AND OFFICER INDIRA SAGAR OMKARESHWAR
                            PROJECT NHDC AND OTHERS)

1
Jabalpur, Dated : 22-10-2021
      Heard through Video Conferencing.
      Shri Anil Tiwari, counsel for the petitioner.
      Shri Rajesh Sharma, P.L. for the State.
      T he petitioner, land owner, has impugned the order dated 21.4.2010

(Annexure P/2) passed by the 1st Additional District Judge, District Khandwa
in Reference Case No.879/09, by which the trial Court has dismissed the
reference holding that the petitioner has failed to produce evidence for
enhancement of the compensation.
      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 2 MP-3622-2021 has been passed relying on the judgment passed by the Apex Court in the case of Khazan Singh (dead) by LRs Vs. Union of India (2002) 2 SCC 242.

In view of aforesaid, the impugned order dated 21.04.2010 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 21.4.2010 till today because of the delay in filing of the petition against the impugned order dated 21.4.2010"

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

(ARUN KUMAR SHARMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.10.22 17:41:46 IST