Ravanlal Bhaurgabhe (Dead) ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 16384 MP

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                                   IN    THE    HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 9 th OF DECEMBER, 2022
                                                  WRIT PETITION No. 20201 of 2011

                                  BETWEEN:-
                                  1.    RAVANLAL BHAURGABHE AGED ABOUT 67
                                        YEARS, S/O LATE INDRA KALAR, (DEAD)
                                        THROUGH LRS. SMT. SHUSILA W/O SHIV KUMAR
                                        CHANDWAR D/O LATE RAWANLAL, AGED ABOUT
                                        46 YEARS, R/O MIREGAAUN POST LAL DARRA
                                        DISTRICT BALAGHAT (MADHYA PRADESH)

                                  2.    PRATAP LAL S/O LATE RAWANLAL, AGED ABOUT
                                        43 YEARS, R/O SAMNAPUR DISTRICT BALAGHAT
                                        (MADHYA PRADESH)

                                  3.    SURAJ LAL S/O LATE RAWANLAL, AGED ABOUT
                                        41 YEARS, R/O SAMNAPUR DISTRICT BALAGHAT
                                        (MADHYA PRADESH)

                                  4.    SMT. INDRAVATI DITHALE W/O JAI RAM D/O
                                        LATE RAWANLAL, AGED ABOUT 39 YEARS, R/O
                                        CHIKIAMINE      TUMSAR     MAHARASTRA
                                        (MAHARASHTRA)

                                  5.    HARI PRASAD S/O LATE RAWANLAL, AGED
                                        ABOUT 37 YEARS, R/O SAMNAPUR DISTRICT
                                        BALAGHAT (MADHYA PRADESH)

                                                                                      .....PETITIONERS
                                  (BY SHRI MUKHTAR AHMAD - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        SECRETARY   DEPARTMENT   OF  REVENUE
                                        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                                  2.    COLLECTOR BALAGHAT,       DISTT.   BALAGHAT
Signature Not Verified
  SAN                                   (MADHYA PRADESH)

Digitally signed by ANURAG SONI
Date: 2022.12.09 18:33:20 IST     3.    LAND    ACQUISITION       OFFICER BALAGHAT
                                        (MADHYA PRADESH)
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                                  4.    UNION OF INDIA TH. D.R.M. SOUTH WESTERN
                                        RAILWAY NAGPUR, (MADHYA PRADESH)

                                  5.    ASSISTANT   ENGINEER, SOUTH    WESTERN
                                        RAILWAYS, SAMNAPUR, BALAGHAT, (MADHYA
                                        PRADESH)

                                                                                              .....RESPONDENTS
                                  (BY MS. SWATI ASEEM GEORGE - PANEL LAWYER)

                                        This petition coming on for admission this day, th e court passed the
                                  following:
                                                                     ORDER

Petitioner's case is that since possession was not taken till coming into force of the Right to Fair Compensation And Transparency In Land

Acquisition Rehabilitation And Resettlement Act, 2013 (for brevity "Act of

2013"), which came into affect on 26th September, 2013, proceedings carried out under the old Act are deemed to be lapsed and therefore, determination of compensation is to be made in terms of the provisions of the Act of 2013 and adequate compensation is to be paid in the light of the Supreme Court judgment in Magnum Promoters Pvt. Ltd. Vs. Union of India & Others, 2015 (3) MPLJ 540. Referring to Annexure P-5 it is submitted that the date of possession is 16/04/2015. In view of such facts as compensation is to be determined in terms of the provisions contained in Act of 2013.

Smt. Swati Aseem George, learned Panel Lawyer is not in a position to dispute aforesaid preposition of fact, therefore, matter can be disposed of with a direction to the land acquisition authority to ascertain the facts and pass a fresh order taking into consideration the legal position and also the notice of Signature Not Verified SAN possession dated 16/04/2015 within 60 days of receipt of certified copy of this Digitally signed by ANURAG SONI Date: 2022.12.09 18:33:20 IST order. This Court has not expressed any opinion on merits of the case.

With the aforesaid, petition is disposed of.

(VIVEK AGARWAL) JUDGE as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.12.09 18:33:20 IST