Madhya Pradesh High Court

Dharam Singh vs The State Of Madhya Pradesh on 4 December, 2023

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 4 th OF DECEMBER, 2023
WRIT PETITION No. 16257 of 2020

BETWEEN:-
1. DHARAM SINGH S/O SHRI PURAN SINGH, AGED
ABOUT 52 YEARS, OCCUPATION: FARMING
VILLAGE GHOSIPURA KHERAGHAT DISTT
SHIVPURI (MADHYA PRADESH)

2. THAKURDAS S/O SHRI CHOTELAL YADAV, AGED
ABOUT 48 YEARS, OCCUPATION: FARMING
VILLAGE GHOSIPURA KHERAGHAT DISTT
SHIVPURI (MADHYA PRADESH)

3. HARDAS S/O SHRI KHEMRAJ MANJHI, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE
VILLAGE GHOSIPURA KHERAGHAT DISTT
SHIVPURI (MADHYA PRADESH)

4. KALU S/O SHRI GHANSIRAM MANJHI, AGED
ABOUT 23 YEARS, OCCUPATION: SERVICE NEAR
SUB JAIL VILLAGE GHOSIPURA KHERAGHAT
SHIVPURI (MADHYA PRADESH)

5. LAKSHMAN S/O SHRI KHEMRAJ BATHAM, AGED
ABOUT 49 YEARS, OCCUPATION: SERVICE NEAR
SUB JAIL VILLAGE GHOSIPURA KHERAGHAT
DISTT SHIVPURI (MADHYA PRADESH)

6. BHURI (RABUDI) D/O FULLA W/O DUJJI
PRAJAPATI, AGED ABOUT 68 YEARS,
OCCUPATION: FARMING VILLAGE SILLARPURA
TEHSIL KARERA PRESENTLY ADDRESS NARAUA
NARWAR DISTT SHIVPURI (MADHYA PRADESH)

7. KALIYA(RAMSHRI) (DELETED) D/O FULLA W/O
SHRI SARMAN PRAJAPATI, AGED ABOUT 70
Y E A R S , OCCUPATION: FARMING VILLAGE
SILLARPUR TEHSIL KARERA DISTT SHIVPURI
M.P. DISTT SHIVPURI (MADHYA PRADESH)

8. KALIYA(RAMSHRI) (DELETED) THROUGH LRS
(7A) SARMAN LAL PRAJAPATI S/O LATE CHUNNI
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 12/6/2023
12:48:52 PM
2
PRAJAPATI, AGED ABOUT 84 YEARS, VILLAGE
SILLARPUR TEHISL KARERA DIST. SHIVPURI
(MADHYA PRADESH)

9. KALIYA(RAMSHRI) (DELETED) THROUGH LRS
(7B) NARAYAN LAL S/O SHRI SARMAN LAL
PRAJAPATI, AGED ABOUT 54 YEARS, VILLAGE
SILLARPUR TEHSIL KARERA DIST. SHIVPURI
(MADHYA PRADESH)

10. MAKKHO D/O FULLA W/O SUKHLAL PRAJAPATI,
AGED ABOUT 56 YEARS, OCCUPATION:
AGRICULTURE VILLAGE SILLAPUR TEHSIL ,
KARERA, DIST. SHIVPURI (MADHYA PRADESH)

11. DAKKHO PAL W/O SHRI BADAM PAL, AGED
ABOUT 83 YEARS, OCCUPATION: AGRICULTURE
SILLARPUR TEHSIL KARERA, DIST. SHIVPURI
(MADHYA PRADESH)

12. NATHURAM PAL S/O SHRI BADAM PAL, AGED
ABOUT 43 YEARS, OCCUPATION: AGRICULTURE
SILLARPUR TEHSIL KARERA, DIST. SHIVPURI
(MADHYA PRADESH)

13. HARISHANKAR PAL S/O SHRI BADAM PAL, AGED
ABOUT 38 YEARS, OCCUPATION: AGRICLUTLURE
SILLARPUR TEHSIL KARERA, DIST. SHIVPURI
(MADHYA PRADESH)

14. KAPURI W/O BABULAL, AGED ABOUT 56 YEARS,
OCCUPATION: HOUSE HOLD SILLARPUR TEHSIL
KARERA, DIST. SHIVPURI (MADHYA PRADESH)

15. MAHESH PRAJAPATI S/O BABULAL, AGED ABOUT
29 YEARS, OCCUPATION: AGRICULTURE
SILLARPUR TEHSIL KARERA, DIST. SHIVPURI
(MADHYA PRADESH)

16. MANOJ PRAJAPATI S/O BABULAL, AGED ABOUT
26 YEARS, OCCUPATION: LABOURER SILLARPUR
TEHSIL KARERA, DIST. SHIVPURI (MADHYA
PRADESH)

17. RAJO D/O JALMA W/O RAMKISHAN PRAJAPATI,
AGED ABOUT 55 YEARS, OCCUPATION: LABOURE
SILLARPUR TEHSIL KARERA, DIST. SHIVPURI
(MADHYA PRADESH)

18. MEERA D/O JALMA W/O AMARCHAND
PRAJAPATI, AGED ABOUT 41 YEARS,
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 12/6/2023
12:48:52 PM
3
OCCUPATION: AGRICULTUE VILLAGE
KALOTHAR, PRESENTLTY AT BARODI, TEHSIL
KARERA, DIST. SHIVPURI (MADHYA PRADESH)

19. SAVITRI D/O JALMA W/O GHANSHYAM
PRAJAPATI, AGED ABOUT 43 YEARS,
OCCUPATION: AGRICULTURE VILLAGE
KALOTHARA PRESENT ADDRESS KARERA DIST
SHIVPURI (MADHYA PRADESH)

20. SUKHLAL S/O SHRI TIJJU RAM JATAV, AGED
ABOUT 54 YEARS, OCCUPATION: SERVICE
VILLAGE KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

21. MULAYAM S/O SHRI TIJJU RAM JATAV, AGED
ABOUT 49 YEARS, OCCUPATION: AGRICULTURE
VILLAGE KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

22. RAMKU (RAMKO) W/O SHRI TIJJU RAM JATAV,
AGED ABOUT 74 YEARS, OCCUPATION:
AGRICULTUE VILLAGE KALOTHARA DIST.
SHIVPURI (MADHYA PRADESH)

23. CHITA W/O SHRI DHANI RAM JATAV, AGED
ABOUT 63 YEARS, OCCUPATION: AGRICULTURE
VILLAGE KALOTHARA DIST. SHIVPURI (MADHYA
PRADESH)

24. ROSHAN LAL S/O SHRI DHANI RAM JATAV, AGED
ABOUT 47 YEARS, OCCUPATION: AGRICULTURE
VILLAGE KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

25. RAMKISHORE S/O SHRI DHANI RAM JATAV,
AGED ABOUT 43 YEARS, OCCUPATION:
AGRICULTURE VILLAGE KALOTHARA, DIST.
SHIVPURI (MADHYA PRADESH)

26. PURAN S/O SHRI DHANI RAM JATAV, AGED
ABOUT 35 YEARS, OCCUPATION: AGRICULTUE
VILLAGE KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

27. PAWAN KUMAR S/O SHRI DHANI RAM JATAV,
AGED ABOUT 34 YEARS, OCCUPATION:
AGRICULTUE VILLAGE KALOTHARA, DIST.
SHIVPURI (MADHYA PRADESH)

28. BALIRAM S/O SHRI DHANI RAM JATAV, AGED
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 12/6/2023
12:48:52 PM
4
ABOUT 44 YEARS, OCCUPATION: SERVICE
VILLAGE KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

29. KALYAN SINGH S/O SHRI DHANI RAM JATAV,
AGED ABOUT 45 YEARS, OCCUPATION:
AGRICULTURE VILLAGE KALOTHARA, DIST.
SHIVPURI (MADHYA PRADESH)

30. MANNO D/O LALUA JATAV, AGED ABOUT 68
YE A R S , OCCUPATION: AGRICULTUE VILLAGE
KALOTHARA (PRESENTLY AT WARD NO. 25
TALAYA MOHALLA DIST. SHIVPURI (MADHYA
PRADESH)

31. PUSHPA D/O GHANSHU W/O BALIK DAS JATAV,
AGED ABOUT 45 YEARS, OCCUPATION:
AGRICULTURE VILLAGE KALOTHARA, PRESENT
HOUSE NO. 16, VILLAGE BAJNI DIST. DATIA
(MADHYA PRADESH)

32. ANANDIYA S/O CHUTUA JATAV, AGED ABOUT 78
YE A R S , OCCUPATION: AGRICULTUE VILLAGE
KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

33. DHANSHU (GHANSHYAM) S/O GAJUA JATAV,
AGED ABOUT 67 YEARS, OCCUPATION:
AGRICULTURE VILLAGE KALOTHARA, DIST.
SHIVPURI (MADHYA PRADESH)

34. SUKHLAL S/O RATNA JATAV, AGED ABOUT 72
YEAR S, OCCUPATION: AGRICULTURE VILLAGE
KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

35. GHANSHU (DHANJU) S/O RATNA JATAV, AGED
ABOUT 66 YEARS, OCCUPATION: AGRICULTURE
VILLAGE KALOTHARA, DIST. SHIVPURI (MADHYA
PRADESH)

36. MULAYAM PAL S/O SUNNA PAL, AGED ABOUT 63
YEAR S, OCCUPATION: AGRICULTURE VILLAGE
SILLARPUR TESHIL KARERA DIST. SHIVPURI
(MADHYA PRADESH)

37. JAN VED (DELETED) THROUGH LRS (35A) SMT.
RAINA PAL W/O LATE SHRI JANVED PAL, AGED
ABOUT 63 YEARS, VILLAGE SILLARPUR TEHSIL
KARERA DIST. SHIVPURI (MADHYA PRADESH)

Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 12/6/2023
12:48:52 PM
5
38. JANVED (DELETED) THROUGH LRS (35B)
SHIVCHARAN PAL S/O LATE SHRI JANVED PAL,
AGED ABOUT 45 YEARS, VILLAGE SILLARPUR
TEHSIL KARERA DIST. SHIVPURI (MADHYA
PRADESH)
39. JANVED (DELETED) THROUGH LRS (35C) SMT.
MEERA PAL W/O VIJAYRAM PAL, AGED ABOUT 43
YEAR S, VILLAGE SILLARPUR TEHSIL KARERA
DIST. SHIVPURI (MADHYA PRADESH)

40. JANVED (DELETED) THROUGH LRS (35D) BHARAT
PAL S/O SHRI VIJAYRAM PAL VILLAGE
SILLARPUR TEHSIL KARERA DIST. SHIVPURI
(MADHYA PRADESH)

41. MAKHHAN DEVI (DELETED) THROUGH LRS (36A)
DHIRAJ SHRIVASTAVA S/O KISHORILAL VILLAGE
KALOTHRA TEHSIL KARERA SHIVPURI (MADHYA
PRADESH)

42. AMAR PRAKASH S/O KISHORI SHARAN KAYASTH,
AGED ABOUT 57 YEARS, R/O KALOTHRA PRESENT
KARERA, SHIVPURI (MADHYA PRADESH)

43. DHEERAJ S/O KISHORI SHARAN KAYASTH, AGED
ABOUT 47 YEARS, RO KALOTHRA PRESENT
KARERA, SHIVPURI (MADHYA PRADESH)

44. PRADEEP S/O KISHORI SHARAN KAYASTH, AGED
ABOUT 45 YEARS, R/O KALOTHRA PRESENT
KARERA, SHIVPURI (MADHYA PRADESH)

45. SMT NISHA SHRIVASTAVA W/O LATE SHRI
MANOJ SHRIVASTAVA, AGED ABOUT 51 YEARS,
R/O KALOTHRA PRESENT KARERA, SHIVPURI
(MADHYA PRADESH)

46. GAURAV SHRIVASTAVA S/O LATE SHRI MANOJ
SHRIVASTAVA, AGED ABOUT 31 YEARS, R/O
KALOTHRA PRESENT KARERA, SHIVPURI
(MADHYA PRADESH)

47. ANUJ S/O SHRI GOVIND SHARAN SHRIVASTAVA,
AGED ABOUT 59 YEARS, R/O KALOTHRA PRESENT
KARERA, SHIVPURI (MADHYA PRADESH)

48. LAKSHMI SHRIVASTAVA W/O LATE SHRI ANIL
SHRIVASTAVA, AGED ABOUT 47 YEARS, R/O
KALOTHRA PRESENT KARERA, SHIVPURI
(MADHYA PRADESH)
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 12/6/2023
12:48:52 PM
6
49. DINESH S/O SHRI GOVIND SHARAN
SHRIVASTAVA, AGED ABOUT 50 YEARS, R/O
KALOTHRA PRESENT KARERA, SHIVPURI
(MADHYA PRADESH)

50. RAJEEV S/O SHRI GOVIND SHARAN
SHRIVASTAVA (DELETED) THROUGH LRS 45.A.
SMT SANGEETA SHRIVASTAVA W/O LATE SHRI
RAJEEV SHRIVASTAVA, AGED ABOUT 45 YEARS,
R/O VILLAGE KALOTHRA TEHSIL KARERA,
SHIVPURI (MADHYA PRADESH)

51. RAJEEV S/O SHRI GOVIND SHARAN
SHRIVASTAVA (DELETED) THROUGH LRS 45.B.
KANISHKA SHRIVASTAVA D/O LATE SHRI
RAJEEV SHRIVASTAVA, AGED ABOUT 19 YEARS,
R/O VILAGE KALOTHRA TEHSIL SHIVPURI
(MADHYA PRADESH)

52. RAJEEV S/O SHRI GOVIND SHARAN
SHRIVASTAVA (DELETED) THROUGH LRS 45.C.
KANIKSHKA SHRIVASTAVA (MINOR) THROUGH
MOTHER SMT SANGEETA SHRIVASTAVA D/O
LATE SHRI RAJEEV SHRIVASTAVA, AGED ABOUT
11 YEARS, R/O VILLAGE KALOTHRA TEHSIL
KARERA, SHIVPURI (MADHYA PRADESH)

53. SMT TEJA BATHAM W/O LATE SHRI ISHWARIYA
BATHAM, AGED ABOUT 67 YEARS, R/O
KALOTHRA PRESENT KARERA, SHIVPURI
(MADHYA PRADESH)

54. DEVI SINGH S/O LATE SHRI ISHWARIYA BATHAM,
AGED ABOUT 43 YEARS, R/O KALOTHRA PRESENT
KARERA, SHIVPURI (MADHYA PRADESH)

55. MANIRAM GUPTA S/O LATE SHRI BAIJNATH
GUPTA, AGED ABOUT 86 YEARS, R/O NEAR OLD
TEHSIL KARERA, SHIVPURI (MADHYA PRADESH)

56. HARI KRISHNA GUPTA S/O LATE SHRI DHANI
RAM GUPTA, AGED ABOUT 51 YEARS, R/O WARD
NO. 7 SOHAN LAL KI GALI, KARERA, SHIVPURI
(MADHYA PRADESH)

.....PETITIONERS
(BY SHRI SUNIL JAIN - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 12/6/2023
12:48:52 PM
7
SECRETARY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. LAND ACQUISITION OFFICER/COLLECTOR
COLLECTOR SHIVPURI (MADHYA PRADESH)

3. UNION OF INDIA THROUGH CHIEF SECRETARY
DEPARTMENT OF HOME SECRETARIAT (DELHI)

4. CO M M AN D AN T SPORTS BATTALION INDO
TIBETAN BORDER POLICE ITBP KARERA
SHIVPURI (MADHYA PRADESH)

.....RESPONDENTS
(SHRI SOHIT MISHRA - GOVERNMENT ADVOCATE FOR THE STATE AND
SHRI PRAVEEN NEWASKAR - DEPUTY SOLICITOR GENERAL FOR
RESPONDENT NO.3)

Th is petition coming on for hearing this day, th e court passed the
following:
ORDER

The grievance of the petitioners, who are owners of agricultural lands, which were acquired for the purpose of construction of certain establishments of ITBP and after acquisition an award was passed on 30-03-1996, and though the petitioners had accepted the award by receiving the compensation and delivering the possession of the acquired land but later on some of the similarly placed owners of the adjoining lands had approached u/S.18 of the Land Acquisiton Act, 1894 in reference and thereafter, the High Court, were benefited with increase in the rate of compensation determined under the original award. This judgment of the High Court was passed on 25-10-2017 in FA No.64/2002 whereafter, the petitioner on coming to know of this award, moved an application u/S.28-A of the land acquisition Act, 1894 filed before Collector, Shivpuri.

The grievance of the petitioners is that the said application was filed before Collector Shivpuri on 17.03.2020 and reminder was send on 28.07.2020,

but till date the said application have not been decided yet.

I t is submitted by learned counsel for the petitioner by referring to Section 28-A of the Right To Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that for the purpose of seeking benefit of Section 28-A under the Land Acquisition Act, 1894 for which the application has been filed before the Collector, the provisions of Land Acquisition Act, 1894 would continue to be applicable.

In view of above and limited prayer made by the petitioners, this Court without commenting upon merits of the case , deems it fit to dispose of this petition by directing the Collector, Shivpuri that on production of copy of this order, the application of the petitioner preferred u/S.28-A of Land Acquisition Act, 1894 dated 17.03.2020, be decided as expeditiously as possible preferably within a period two months from the date of receipt of certified copy of this order, if the same has not yet been decided.

With the aforesaid direction, the present petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE neetu