Mahesh vs The Land Acquisition Officer And ...
2022 Latest Caselaw 4018 MP

                                                          1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 23rd OF MARCH, 2022

                                           MISC. PETITION No. 4615 of 2021

                              Between:-
                              MAHESH S/O RAMLAL, AGED ABOUT 45 YEARS,
                              OCCUPATION: FARMER R/o VILL. DHOGALGAON
                              TEH. PUNASA DIST. KHANDWA (MADHYA
                              PRADESH).

                                                                                        .....PETITIONER
                              (BY SHRI ANIL KUMAR TIWARI, ADVOCATE)

                              AND

                      1.      THE LAND ACQUISITION OFFICER AND OFFICER
                              INDIRA SAGAR/OMKARESHWAR PROJECT NHDC
                              HARSUD NO. 2 OMKARESHWAR KHANDWA NO. 3,
                              DIST. KHANDWA (MADHYA PRADESH)

                      2.      C O L L E C T O R K H A N D WA DISTT.     KHANDWA
                              (MADHYA PRADESH)

                      3.      EXECUTIVE ENGINEER NARMADA VIKASH SUB
                              DIVISION NO. 32 THR. NHDC EAST NIWAD DISTT.
                              KHANDWA (MADHYA PRADESH)

                      4.      GENERAL MANAGER NHDC (R AND R) NHDC O/O
                              COMPLEX BADWAH DISTT. KHANDWA (MADHYA
                              PRADESH)

                                                                                      .....RESPONDENTS
                              (BY SHRI AYUR JAIN, PANEL LAWYER)

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

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 Signature SAN Verified Not by the Apex Court in the case of Khazan Singh (dead) by LRs Vs. Union of Digitally signed by India, (2002) 2 SCC 242. VINOD KUMAR TIWARI Date: 2022.03.25 11:02:25 IST

In view of aforesaid, the impugned order dated 13.09.2010 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 certified 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 13.09.2010 till today because of the delay in filing of the petition against the impugned order.

With the aforesaid observations, the petition is disposed off to the extent indicated above.

No order as to costs.

                                                                                    (VISHAL DHAGAT)
                                                                                         JUDGE
                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.03.25
11:02:25 IST