Gaya Prasad vs The Land Acquisition ...
2022 Latest Caselaw 5169 MP

                                    1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                                   BEFORE
                  HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                             ON THE 8th OF APRIL, 2022

                        MISC. PETITION No. 3648 of 2018

            Between:-
            GAYA PRASAD S/O SHIVRAM , AGED ABOUT 70
            YEAR S , OCCUPATION: NON VILLAGE BARURD
            TEHSIL HARSUD DISTT. KHANDWA (MADHYA
            PRADESH)

                                                                     .....PETITIONER
            (BY SHRI SHASHANK UPADHYAY, ADVOCATE)

            AND

1.          THE LAND ACQUISITION REHABILITATION
            OFFICER  NHDC   NO.6   INDRA  SAGAR
            OMKARESHWAR PROJECT KHANDWA (MADHYA
            PRADESH)

2.          THE  COLLECTOR        EAST     NIMAD KHANDWA
            (MADHYA PRADESH)

3.          EXECUTIVE     ENGINEER       NARMADA
            DEVELOPMENT   DIVISION   SUB  DIVISION
            THROUGH NHDC NVDA OFFICE COMPLEX
            KHANDWA (MADHYA PRADESH)

                                                                .....RESPONDENTS
            (BY SHRI REZI MATHAI, LEARNED PANEL LAWYER )

      T h is petition coming on for hearing this day, the court passed the
following:
                                     ORDER

T h e petitioner, land owner, has impugned the order dated 02/01/20117(Annexure P/1) passed by 3rd Additional District Judge, District- Khandwa in Reference Case No. 48/2015, 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 16/05/2018 passed b y 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 Panel Lawyer for the respondents does not dispute the aforesaid position.

A perusal of order dated 16/05/2018 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 position is also disposed of in the light of the aforesaid order, which 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 the aforesaid, the impugned order dated 02/01/2017 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 form the period from 02/01/2017 till today because of the delay in filing of the petition against the impugned order dated 02/01/2017."

In view of the above, this petition disposed of in the terms of the order dated 16/05/2018 in M.P. No. 2514/2018.

(ARUN KUMAR SHARMA) JUDGE vkv /-

Signature Not Verified SAN

Digitally signed by VINAY KUMAR VERMA Date: 2022.04.08 18:03:47 IST