Jagdish vs The Land Acquisition ...
2022 Latest Caselaw 11740 MP

                                                           1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                            BEFORE
                                           HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                                                 ON THE 6th OF SEPTEMBER, 2022

                                              MISC. PETITION No. 1532 of 2020

                                  BETWEEN:-
                                  JAGDISH S/O RAMJI, AGED ABOUT 56 YEARS,
                                  OCCUPATION: UNEMPLOYED LABOUR R/O.
                                  GOKHALGAUN AT PRESENT VILL. TOKI TEH.
                                  PUNASA (MADHYA PRADESH)

                                                                                      .....PETITIONER
                                  (BY SHRI SHASHANK UPADHYAY, ADVOCATE 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 DISTT-KHANDWA
                                  (MADHYA PRADESH)

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

                                                                                   .....RESPONDENTS
                                  (BY MS. SARITA TIWARI, PANEL LAWYER FOR THE
                                  RESPONDENTS/STATE. )

                                This petition has come up for hearing on this day and the court passed
                          the following:
                                                            ORDER

The petitioner is a land owner and has challenged impugned the order dated 21.10.2011 (Annexure P/1) passed by the 1st Additional District Judge, District-Khandwa (M.P.) in Reference Case No.52/2011, by which the trial

Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/9/2022 5:35:19 PM

Court has dismissed the reference holding that the petitioner is unable to amend the reference and the petitioner counsel does not want to prosecute the case.

Learned counsel for the petitioner referred to order dated 16/05/2018 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 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 petition 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."

I n view of the aforesaid, the impugned order dated 21.10.2011 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.

I t 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 Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/9/2022 5:35:19 PM

21.10.2011 till today because of the delay in filing of the petition against the impugned order dated 21.10.2011.

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 Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 9/9/2022 5:35:19 PM