Sumatrani Lodhi vs State Of M.P.
2023 Latest Caselaw 15564 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 21 st OF SEPTEMBER, 2023
                                            WRIT PETITION No. 7505 of 2020

                          BETWEEN:-
                          SUMATRANI LODHI W/O LATE SHRI. BABU SINGH
                          LODHI, AGED ABOUT 77 YEARS, OCCUPATION:
                          AGRICULTURIST VILLAGE CHAKERI SHAHGARH
                          TEHSIL SHAHGARH DISTT. SAGAR PRESENT R/O
                          VILLAGE DILAKHEDI KE PASS PANCHAMNAGAR
                          VISTHAPIT  VASTI TEHSIL BANDA DISTT. SAGAR
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI RISHI KUMAR DUBEY - ADVOCATE)

                          AND
                          1.    STATE OF M.P. THR. PRAMUKH SACHIV RAJSHVA
                                VIBHAG M.P. VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    COLLECTOR COLLECTORATE SAGAR (MADHYA
                                PRADESH)

                          3.    SUB DIVISIONAL OFFICER /LAND ACQUISITION
                                OFFICER BANDA TAHSIL BANDA DISTT. SAGAR
                                (MADHYA PRADESH)

                          4.    EXECUTIVE      ENGINEER PANCHAMNAGAR
                                MADHYAM PARIYOJNA SARVEKSHAN SAMBHAG
                                HATA MUKHYALAY DAMOH DISTT. DAMOH
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI SHIVAM HAZARE - PANEL LAWYER)

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

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 9/22/2023 10:47:59 AM

Learned counsel for the parties are in agreement that order dated 08.10.2014 passed in W.P. No.8555/2014 (PIL) Jeevan Lal Mishra and others vs. State of M.P. and others is applicable in full force.

Shri Shivam Hazare, learned Panel Lawyer submits that compensation has already been paid to the petitioners in terms of the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

That is the bone of contention between the parties, therefore, keeping in view the fact that there are rival claims and petitioners contention is that they have been paid compensation in terms of the Act of 1894, whereas there is a

Division Bench decision in regard to the same project, where land was taken over for construction of Pagara Dam in District Sagar under Pancham Nagar Pariyojana, Collector, Sagar is directed to examine and extend the benefit of the judgment of Hon'ble Division Bench dated 08.10.2014 passed in W.P. No.8555/2014 (PIL) if not already extended to the petitioners. If it has already been extended, the same be notified to the petitioners by furnishing calculations, which were made by the Land Acquisition Officer before passing the award.

Let this exercise be completed within 60 days of receipt of certified copy of the order.

In the above terms, petition is disposed of.

(VIVEK AGARWAL) JUDGE rj

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 9/22/2023 10:47:59 AM