Raman Kumar Dixit vs Union Of India
2023 Latest Caselaw 20736 MP

Madhya Pradesh High Court

Raman Kumar Dixit vs Union Of India on 7 December, 2023

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                CHIEF JUSTICE
                                                      &
                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                          ON THE 7 th OF DECEMBER, 2023
                                          WRIT PETITION No. 29743 of 2023

                          BETWEEN:-
                          1.    RAMAN KUMAR DIXIT S/O LATE SHRI BHAGWATI
                                PRASAD DIXIT, AGED ABOUT 50 YEARS,
                                OCCUPATION: AGRICULTURIST R/O SUATALA,
                                VILLAGE AND    P.O.  SUATALA,    DISTRICT
                                NARSINGHPUR (MADHYA PRADESH)

                          2.    LAKHANLAL AGRAWAL S/O       LATE   SHRI
                                MITTHULAL AGRAWAL, AGED ABOUT 60 YEARS,
                                OCCUPATION: AGRICULTURIST R/O GRAM
                                SUATALA POST SUATALA TEHSIL KARELI
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)

                                                                             .....PETITIONERS
                          (BY SHRI H.K. UPADHYAYA - ADVOCATE)

                          AND
                          1.    UNION OF INDIA, MINISTRY OF SHIPPING, ROAD
                                AND NATIONAL HIGHWAYS, NEW DELHI

                          2.    NATIONAL HIGHWAY AUTHORITY OF INDIA LTD.,
                                THROUGH ITS REGIONAL OFFICE HIG-3, GAURA
                                NAGAR, OPP. PARADISE HOTEL, MAKRONIA,
                                SAGAR (MADHYA PRADESH)

                          3.    NATIONAL HIGHWAY AUTHORITY OF INDIA,
                                THROUGH ITS PROJECT DIRECTOR, BYPASS
                                MAHAKOUSHAL NAGAR,      BARGI   COLONY,
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)

                          4.    COMPETENT     AUTHORITY    UNDER    THE
                                PROVISIONS OF NATIONAL HIGHWAY ACT 1956
                                CUM    SDM    COLLECTORATE NARSINGHPUR,
                                DISTRICT NARSINGHPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 12/8/2023
3:32:53 PM
                                                                2

                                                                                          .....RESPONDENTS
                          (SHRI SANDEEP SHUKLA - ADVOCATE FOR RESPONDENT NO.1 AND
                          SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE FOR RESPONDENT
                          NO.4/STATE)

                                 This petition coming on for admission this day, Hon'ble Shri Justice
                          Ravi Malimath, Chief Justice passed the following:
                                                                ORDER

The petitioners sought the following relief:-

"(ii) The Hon'ble Court be pleased to hold that Sec.3-J of the Highways Act (Annexure P/4), is unconstitutional and hit by Art. 14 of the Constitution of India. Further, as the petitioners are deprived of their land against their will for a public purpose, the land owners are entitled for additional market value under Sec. 23(1-A), solatium under Sec. 23(2) and interest as provided under Sec.28 of the LA Act."

2. Learned counsel for the petitioners submits that the issue has been considered in the judgment of the Hon'ble Supreme Court in the case of Union of India & Anr. Vs. Tarsem Singh & Ors. reported in (2019) 9 SCC 304.

3. Learned counsels for the respondents do not dispute the question of fact.

4. Under these circumstances, the writ petition is disposed off in terms of the judgment of the Hon'ble Supreme Court in the case of Tarsem Singh (supra).

                                (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                  CHIEF JUSTICE                                              JUDGE
                          THK