Basu Bai vs The Land Acquisition ...
2022 Latest Caselaw 5621 MP

                                    1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                                   BEFORE
                  HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                            ON THE 19th OF APRIL, 2022

                        MISC. PETITION No. 3649 of 2018

            Between:-
            BASU BAI W/O RAMBHROSE , AGED ABOUT 58
            YE A R S , R/O. VILL. NANDANA TEH. HARSUD
            (MADHYA PRADESH)

                                                                  .....PETITIONER
            (BY MR. SHASHANK UPADHYAY, LEARNED COUNSEL FOR THE
            PETITIONER )

            AND

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

2.          COLLECTOR EAST NIMAD KHANDWA EAST
            NIMAD KHANDWA (MADHYA PRADESH)

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

                                                                .....RESPONDENTS
            (BY MR. ANIL UPADHYAY, LEARNED PANEL LAWYER FOR THE
            STATE)

      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 01.09.2010 (Annexure P/1) passed by the 1st Additional District Judge, District-Khandwa (M.P.) in Reference Case No.652/2009, 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 also 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 01.09.2010 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 form the period from 01.09.2010 till today because of the delay in filing of the petition against the impugned order dated 01.09.2010.

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 julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.04.21 15:38:14 IST