Madhya Pradesh High Court
Decd. Bhanwarsingh Through Lrs. Ishwar ... vs The State Of Madhya Pradesh on 13 February, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
W.P. No. 22500 of 2023
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND
DHARMADHIKARI
&
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 13th FEBRUARY, 2024
WRIT PETITION No. 22500 of 2023
BETWEEN:-
MADANLAL S/O SHRI SIDDHULAL JAISWAL OCCUPATION:
AGRICULTURE R/O VILLAGE BAIRAGARH TEHSIL,
DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2.
COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
2
W.P. No. 22500 of 2023
RESPONDENT [R-3]).
WRIT PETITION No. 22825 of 2023
BETWEEN:-
BAKSAR BEE W/O MUNSHI KHA, AGED ABOUT 55 YEARS,
OCCUPATION: HOUSEWIFE SANDALPUR, TEHSIL
KHATEGAON, DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 22827 of 2023
BETWEEN:-
3
W.P. No. 22500 of 2023
MOHD. RAFIQ S/O BASHIR SHAIKH, AGED ABOUT 51 YEARS,
OCCUPATION: BUSINESS R/O 59 MAHATMA GANDHI NAGAR
KHATEGAON DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 22833 of 2023
BETWEEN:-
PAVAN S/O RAMCHANDRA RATHORE, AGED ABOUT 43
YEARS, OCCUPATION: BUSINESS SANDALPUR, TEHSIL
KHATEGAON, DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
1 THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
4
W.P. No. 22500 of 2023
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
COLLECTOR DEWAS COLLECTOR OFFICE DEWAS
.
(MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
WRIT PETITION No. 22835 of 2023
BETWEEN:-
BRAJMOHAN PUROHIT S/O NARMADA PRASAD PUROHIT,
AGED ABOUT 75 YEARS, OCCUPATION: RETD. EMP. R/O 214
GANGA NAGAR, DISTT. DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
5
W.P. No. 22500 of 2023
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 22988 of 2023
BETWEEN:-
KRISHNABAI W/O MOHANLAL MAHESHWARI, AGED ABOUT
65 YEARS, OCCUPATION: HOUSEWIFE R/O SAWARKAR MARG
KHATEGAON DISTT. DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
COLLECTOR DEWAS COLLECTOR OFFICE DEWAS
.
(MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
WRIT PETITION No. 22989 of 2023
BETWEEN:-
REKHA BAI W/O BIRAM JAT, AGED ABOUT 40 YEARS,
6
W.P. No. 22500 of 2023
OCCUPATION: HOUSEWIFE SANDALPUR, TEHSIL
KHATEGAON, DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
. COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
WRIT PETITION No. 22993 of 2023
BETWEEN:-
SADHNA DEVI W/O ROOPCHAND MALI, AGED ABOUT 55
YEARS, OCCUPATION: HOUSEWIFE R/O KHATEGAON
DISTT.DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
7
W.P. No. 22500 of 2023
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
. , COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
WRIT PETITION No. 23138 of 2023
BETWEEN:-
KHEMSINGH S/O SOHANSINGH RAJPOOT, AGED ABOUT 45
YEARS, OCCUPATION: BUSINESS R/O SANDALPUR TEHSIL
KHATEGAON DISTT. DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
(COLLECTOR, DEWAS) COLLECTOR OFFICE DEWAS DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
8
W.P. No. 22500 of 2023
WRIT PETITION No. 23142 of 2023
BETWEEN:-
NIRMALA BAI W/O JAGDISH YADAV, AGED ABOUT 72 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE
OBEDULLAGANJ DISTT. RAISEN (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFIE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJET DIRETOR IMPLEMENTAION UNIT, B-21/9
.
MAHANAND NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 23143 of 2023
BETWEEN:-
RAJESH S/O BADRIPRASAD SISODIYA, AGED ABOUT 48
YEARS, OCCUPATION: BUSINESS R/O SANDALPUR TEHSI
KHATEGAON DISTT. DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
9
W.P. No. 22500 of 2023
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE VALLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTTION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 23560 of 2023
BETWEEN:-
KSHIPRA REALCON L.L.P. THROUGH PARTNER VIJAY S/O
ABHAY CHAJLANI, AGED ABOUT 61 YEARS, OCCUPATION:
BUSINESS R/O 582 M.G. ROAD LABH GANGA BUILDING
DISTT.INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL,
. DEWAS COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
10
W.P. No. 22500 of 2023
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2])
WRIT PETITION No. 23569 of 2023
BETWEEN:-
KSHIPRA REALCON L.L.P. THROUGH PARTNER VIJAY S/O
ABHAY CHAJLANI, AGED ABOUT 61 YEARS, OCCUPATION:
BUSINESS R/O 582 M.G. ROAD LABH GANGA BUILDING
INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2])
11
W.P. No. 22500 of 2023
WRIT PETITION No. 23572 of 2023
BETWEEN:-
KSHIPRA REALCON LLP THROUGH PARTNER VIJAY
CHAJLANI S/O ABHAY CHAJLANI, AGED ABOUT 61 YEARS,
OCCUPATION: BUSINESS R/O 582 M.G. ROAD LABH GANGA
BUILDING DISTT. INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL,
. DEWAS COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INIDA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3)
WRIT PETITION No. 23579 of 2023
BETWEEN:-
KSHIPRA REALCON LLP THROUGH PARTNER VIJAY
CHAJLANI S/O ABHAY CHAJLANI, AGED ABOUT 61 YEARS,
OCCUPATION: BUSINESS R/O 582 M.G. ROAD LABH GANGA
BUILDING DISTT. INDORE (MADHYA PRADESH)
.....PETITIONER
12
W.P. No. 22500 of 2023
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR DEWAS COLLECTOR OFFICE, DEWAS DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2].)
WRIT PETITION No. 23811 of 2023
BETWEEN:-
DECD. BHANWARSINGH THROUGH LRS. ISHWAR SINGH
1 S/O BHANWAR SINGH, AGED ABOUT 46 YEARS,
. OCCUPATION: AGRICULTURE R/O VILLAGE BAIRAGARH
TEHSIL DEWAS (MADHYA PRADESH)
DECD. BHANWARSINGH THROUGH LRS. USHA D/O
2 BHAWANR SINGH, AGED ABOUT 44 YEARS, OCCUPATION:
. AGRICULTURE R/O VILLAGE BAIRAGARH TEHSIL AND
DIST. DEWAS (MADHYA PRADESH)
3 DECD. BHANWARSINGH THROUGH LRS. SUPAL D/O
. BHANWAR SINGH, AGED ABOUT 42 YEARS, OCCUPATION:
AGRICULTURE R/O VILLAGE BAIRAGARH TEHSIL AND
13
W.P. No. 22500 of 2023
DIST. DEWAS (MADHYA PRADESH)
DECD. BHANWARSINGH THROUGH LRS. ASHA D/O
4 BHANWAR SINGH, AGED ABOUT 40 YEARS, OCCUPATION:
. AGRICULTURE R/O VILLAGE BAIRAGARH TEHSIL AND
DIST. DEWAS (MADHYA PRADESH)
DECD. BHANWARSINGH THROUGH LRS. RAJPAL S/O
5 BHANWAR SINGH, AGED ABOUT 38 YEARS, OCCUPATION:
. AGRICULTURE R/O VILLAGE BAIRAGARH TEHSIL AND
DIST. DEWAS (MADHYA PRADESH)
.....PETITIONERS
((SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 23815 of 2023
BETWEEN:-
BHAGWAN SINGH S/O TAKE SINGH, AGED ABOUT 65 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE BAIRAGARH
14
W.P. No. 22500 of 2023
TEHSIL DISTT.DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR DEWAS COLLECTOR OFFICE, DEWAS
.
(MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECTO DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2])
WRIT PETITION No. 23823 of 2023
BETWEEN:-
SUMITRA BAI W/O YASHPAL SINGH, AGED ABOUT 61 YEARS,
OCCUPATION: BUSINESS 582, M.G. ROAD, LABH GANGA
BUILDING, DISTT.INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
15
W.P. No. 22500 of 2023
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR OFFICE DEWAS DIST. DEWAS (MADHYA
.
PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2])
WRIT PETITION No. 23837 of 2023
BETWEEN:-
DECD. BHANWARSINGH THROUGH LRS. ISHWAR SINGH
1 S/O BHANWAR SINGH, AGED ABOUT 46 YEARS,
. OCCUPATION: AGRICULTURE R/O VILLAGE BAIRAGARH
TEHSIL DEWAS (MADHYA PRADESH)
DECD. BHANWARSINGH THROUGH LRS. USHA D/O
2 BHANWARSINGH, AGED ABOUT 44 YEARS, OCCUPATION:
. AGRICULTURE BAIRAGARH, TEH. AND DIST. DEWAS
(MADHYA PRADESH)
DECD. BHANWARSINGH THROUGH LRS. SUPAL D/O
3 BHANWAR SINGH, AGED ABOUT 42 YEARS, OCCUPATION:
. AGRICULTURE BAIRAGARH, TEH. AND DIST. DEWAS
(MADHYA PRADESH)
DECD. BHANWARSINGH THROUGH LRS. ASHA D/O
4 BHANWAR SINGH, AGED ABOUT 40 YEARS, OCCUPATION:
. AGRICULTURE BAIRAGARH, TEH. AND DIST. DEWAS
(MADHYA PRADESH)
16
W.P. No. 22500 of 2023
DECD. BHANWARSINGH THROUGH LRS. RAJPAL S/O
5 BHANWAR SINGH, AGED ABOUT 38 YEARS, OCCUPATION:
. AGRICULTURE BAIRAGARH, TEH. AND DIST. DEWAS
(MADHYA PRADESH)
.....PETITIONERS
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
COLLECTOR, DEWAS COLLECTOR OFFICE DEWAS, DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANADA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3].)
WRIT PETITION No. 23838 of 2023
BETWEEN:-
DECD. BHANWARSINGH THR. LRS. ISHWAR SINGH S/O
1 BHANWAR SINGH, AGED ABOUT 46 YEARS, OCCUPATION:
. AGRICULTURE VILL. BAIRAGARH, TEHSIL AND DISTRICT
DEWAS (MADHYA PRADESH)
2 DECD. BHANWARSINGH THR. LRS. USHA D/O BHAWANR
17
W.P. No. 22500 of 2023
SINGH, AGED ABOUT 44 YEARS, OCCUPATION:
. AGRICUTLURE VILL. BAIRAGARH, TEHSIL AND DIST.
DEWAS (MADHYA PRADESH)
DECD. BHANWARSINGH THR. LRS. SUPAL D/O BHANWAR
3 SIGNH, AGED ABOUT 42 YEARS, OCCUPATION:
. AGRICULTURE VILL. BAIRAGARH, TEH. AND DIST. DEWAS
(MADHYA PRADESH)
DECD. BHANWARSINGH THR. LRS. ASHA D/O BHANWAR
4 SINGH, AGED ABOUT 40 YEARS, OCCUPATION:
. AGRICULTURE VILL. BAIRAGARH, TEHSIL AND DIST.
DEWAS (MADHYA PRADESH)
DECD. BHANWARSINGH THR. LRS. RAJPAL S/O BHANWAR
5 SINGH, AGED ABOUT 38 YEARS, OCCUPATION:
. AGRICULTURE VILL. BAIRAGARH, TEHSIL AND DIST.
DEWAS (MADHYA PRADESH)
.....PETITIONERS
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL,
. DEWAS COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3]).
18
W.P. No. 22500 of 2023
WRIT PETITION No. 23842 of 2023
BETWEEN:-
MEENAKSHI W/O BEIJBAHADUR SINGH, AGED ABOUT 42
YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE
BAIRAGARH TEHSIL DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENTM VALLABH BHAWAN, BHOPAL
.
MP (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR OFFICE, DEWAS, DIST. DEWAS (MADHYA
.
PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 23847 of 2023
BETWEEN:-
BRIJBAHADUR SINGH S/O MANOHAR SINGH, AGED ABOUT
46 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE
BAIRAGARH TEHSIL AND DIST. DEWAS (MADHYA PRADESH)
.....PETITIONER
19
W.P. No. 22500 of 2023
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH REVENUE
1
DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN
.
BHOPAL (MADHYA PRADESH)
2 THE ARBITRATOR NATIONAL HIGHWAYS TRIBUNAL
. COLLECTOR OFFICE, DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9,
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2])
WRIT PETITION No. 25350 of 2023
BETWEEN:-
MANITA BAI @ MANYATABAI W/O MAHENDRA BRAHAMAN,
AGED ABOUT 47 YEARS, OCCUPATION: HOUSEWIFE VILL.
SANDALPUR, TEHSIL KAHTEGAON, DISTRICT DEWAS
(MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 THE ARBITRATOR, NATIONAL HIGHWAY TRIBUNAL
20
W.P. No. 22500 of 2023
COLLECTOR DEWAS, COLLECTOR OFFICE DEWAS, DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RAJEEV BHATJIWALE, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26249 of 2023
BETWEEN:-
GULJAR SHAH S/O PIRASHAH FAKIR, AGED ABOUT 65
YEARS, OCCUPATION: AGRICULTURIST VILL. HAWANKHEDI,
TEHSIL AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR DEWAS COLLECTOR OFFICE DEWAS DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
21
W.P. No. 22500 of 2023
RESPONDENT [R-3])
WRIT PETITION No. 26254 of 2023
BETWEEN:-
GULJAR SHAH S/O PIRASHAH FAKIR, AGED ABOUT 65
YEARS, OCCUPATION: AGRICULTURIST VILLAGE
HAWANKHEDI, TEHSIL AND DISTRICT DEWAS (MADHYA
PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF M.P. THROUGH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT, MANTRALYA VALLABH
.
BHAWAN , BHOPAL (MADHYA PRADESH)
THE ARITRATOR, NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR OFFICE, DEWAS, DIST. DEWAS (MADHYA
.
PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26260 of 2023
BETWEEN:-
1 JAGDISH S/O MANGILAL AGRAWAL, AGED ABOUT 60
22
W.P. No. 22500 of 2023
YEARS, OCCUPATION: BUSINESS VILL. SANDALPUR,
. TEHSIL KHATEGAON, DISTRICT DEWAS (MADHYA
PRADESH)
SMT. MAYABAI W/O JAGDISH AGRAWAL, AGED ABOUT 58
2
YEARS, OCCUPATION: HOUSEWIFE VILLAGE SANDALPUR
.
TEHSIL KHATEGAON DIST. DEWAS (MADHYA PRADESH)
KAILASH S/O CHOUTHMAL AGRAWAL, AGED ABOUT 58
3
YEARS, OCCUPATION: BUSINESS VILLAGE SANDALPUR,
.
TEHSIL KHATEGAON DIST. DEWAS (MADHYA PRADESH)
SUBHASH S/O LAXMICHAND AGRAWAL, AGED ABOUT 55
4
YEARS, OCCUPATION: BUSINESS VILLAGE SANDALPUR
.
TEHSIL KHATEGAON DIST. DEWAS (MADHYA PRADESH)
SUSHIL KUMAR S/O DWARKAPRASAD, AGED ABOUT 49
5
YEARS, OCCUPATION: BUSINESS VILLAGE SANDALPUR
.
TEHSIL KHATEGAON DIST. DEWAS (MADHYA PRADESH)
.....PETITIONERS
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
23
W.P. No. 22500 of 2023
WRIT PETITION No. 26267 of 2023
BETWEEN:-
GULJAR SHAH S/O PIRASHAH FAKIR, AGED ABOUT 65
YEARS, OCCUPATION: AGRICULTURIST VILL. HAWANKHEDI,
TEHSIL AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26268 of 2023
BETWEEN:-
LILABAI W/O SHRIKISHAN, AGED ABOUT 70 YEARS,
1
OCCUPATION: HOUSEWIFE 21, MOTI BAUNGLOW, MAIN
.
ROAD, DEWAS DISTRICT DEWAS (MADHYA PRADESH)
RAJENDRA S/O SHRIKISHAN, AGED ABOUT 62 YEARS,
2
OCCUPATION: AGRICULTURE 21, MOTI BAUNGLOW, MAIN
.
ROAD, DEWAS DIST. DEWAS (MADHYA PRADESH)
24
W.P. No. 22500 of 2023
VINOD S/O SHRIKISHAN, AGED ABOUT 60 YEARS,
3
OCCUPATION: AGRICULTURE 21, MOTI BAUNGLOW, MAIN
.
ROAD, DEWAS DISTRICT DEWAS (MADHYA PRADESH)
PRADEEP S/O SHRIKISHAN, AGED ABOUT 55 YEARS,
4 OCCUPATION: AGRICULTURE 21, MOTI AUNGLOW MAIN
. BAUNGLOW, MAIN ROAD DEWAS DIST. DEWAS (MADHYA
PRADESH)
.....PETITIONERS
((SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIUNAL
2
COLLECTOR OFFICE DEWAS DIST. DEWAS (MADHYA
.
PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENATION UNIT, B-21/9
.
MAHANNDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26272 of 2023
BETWEEN:-
BABU SHAH S/O PIRASHAH FAKIR, AGED ABOUT 70 YEARS,
OCCUPATION: AGRICULTURIST VILL. HAWANKHEDI, TEHSIL
25
W.P. No. 22500 of 2023
AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN, BHOPAL
.
(MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
DEWAS, COLLECTOR DEWAS COLLECTOR OFFICE DEWAS,
.
DIST. DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26276 of 2023
BETWEEN:-
IQBAL SHAH S/O GULJAR SHAH, AGED ABOUT 40 YEARS,
OCCUPATION: AGRICULTURE VILLAGE HAWANKHEDI,
TEHSIL AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
26
W.P. No. 22500 of 2023
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR DEWAS COLLECTOR OFFICE DEWAS, DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26282 of 2023
BETWEEN:-
SAHIDA BEE W/O BABU SHAH, AGED ABOUT 60 YEARS,
OCCUPATION: AGRICULTURE VILLAGE HAWANKHEDI,
TEHSIL AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF M.P. THROUGH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
27
W.P. No. 22500 of 2023
RESPONDENT [R-3])
WRIT PETITION No. 26288 of 2023
BETWEEN:-
BABU SHAH S/O PIRASHAN FAKIR, AGED ABOUT 70 YEARS,
OCCUPATION: AGRICULTURIST VILL. HAWANKHEDI, TEHSIL
AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR DEWAS, COLLECTOR OFFICE DEWAS DIST.
.
DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3].)
WRIT PETITION No. 26296 of 2023
BETWEEN:-
GULJAR SHAH S/O PIRASHSH FAKIR, AGED ABOUT 65
YEARS, OCCUPATION: AGRICULTURIST VILL. HAWANKHEDI,
28
W.P. No. 22500 of 2023
TEHSIL AND DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE
PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL DEWAS
2
COLLECTOR OFFICE DEWAS DIST. DEWAS (MADHYA
.
PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26420 of 2023
BETWEEN:-
DILIP MORE S/O PRATAPRAO MORE, AGED ABOUT 72 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE BANGAR
TEHSIL DEWAS DISTT. DEWAS (MADHYA PRADESH)
.....PETITIONER
((SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLABH BHAWAN, BHOPAL MP
.
(MADHYA PRADESH)
29
W.P. No. 22500 of 2023
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26423 of 2023
BETWEEN:-
DECEASED MANOHAR SINGH S/O RAMSINGH THROUGH
1 LRS. RUKMANIBAI W/O MANOHARSINGH, AGED ABOUT 62
. YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE BANGAR
DISTT. DEWAS (MADHYA PRADESH)
DECEASED MANOHAR SINGH S/O RAMSINGH THROUGH
LRS. ARJUN SINGH S/O MANOHAR SINGH, AGED ABOUT 30
2
YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE
.
BANGAR TEHSIL DEWAS DISTT. DEWAS (MADHYA
PRADESH)
.....PETITIONERS
((SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENTM VALLABH BHAWAN, BHOPAL
.
MP (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
30
W.P. No. 22500 of 2023
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
WRIT PETITION No. 26692 of 2023
BETWEEN:-
SURESH S/O PARASRAM, AGED ABOUT 62 YEARS,
OCCUPATION: AGRICULTURE VILL. BANGAR, TEHSIL
DEWAS DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
DEWAS, COLLECTOR DEWAS COLLECTOR OFFICE DEWAS,
.
DIST. DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
31
W.P. No. 22500 of 2023
WRIT PETITION No. 26696 of 2023
BETWEEN:-
SWYAMVARLAL S/O PARASRAM, AGED ABOUT 64 YEARS,
OCCUPATION: AGRICULTURE VILL. BANGAR, TEHSIL
DEWAS DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
2 ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
. COLLECTOR OFFICE DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26698 of 2023
BETWEEN:-
DINESH S/O PARASRAM, AGED ABOUT 54 YEARS,
OCCUPATION: AGRICULTURE VILL. BANGAR, TEHSIL &
DISTRICT DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
32
W.P. No. 22500 of 2023
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT MANTRALAYA, VALLABH
.
BHAWAN, BHOPAL (MADHYA PRADESH)
ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
COLLECTOR DEWAS COLLECTOR OFFICE DEWAS
.
(MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANADA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 26699 of 2023
BETWEEN:-
KAILASH S/O PARASRAM, AGED ABOUT 58 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE BANGAR
TEHSIL DEWAS DISTT. DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER )
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL
.
(M.P) (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL
2
DEWAS, COLLECTOR DEWAS COLLECTOR OFFICE DEWAS,
.
DIST. DEWAS (MADHYA PRADESH)
33
W.P. No. 22500 of 2023
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SHRI MITESH JAIN, LEARNED COUNSEL FOR THE
RESPONDENT [R-2])
WRIT PETITION No. 30461 of 2023
BETWEEN:-
TEJRAM S/O RAMCHANDRA, AGED ABOUT 61 YEARS,
1
OCCUPATION: AGRICULTURE R/O VILLAGE
.
LOHARPIPLIYA DISTT. DEWAS (MADHYA PRADESH)
DECD. SANTOSH S/O RAMCHANDRA THROUGH LRS
2
SUMANBAI W/O LATE SANTOSH LOHARPIPLIYA, TEH AND
.
DIST. DEWAS (MADHYA PRADESH)
DECD. SANTOSH S/O RAMCHANDRA THROUGH LRS
3
SANDEEP S/O LATE SANTOSH LOHARPIPLIYA, TEH. AND
.
DIST. DEWAS (MADHYA PRADESH)
DECD. SANTOSH S/O RAMCHANDRA THROUGH LRS
4
VARSHA D/O LATE SANTOSH LOHARPIPLIYA TEH. AND
.
DIST. DEWAS (MADHYA PRADESH)
5 SORAMBAI D/O RAMCHANDRA LOHARPIPLIYA, TEH. AND
. DIST. DEWAS (MADHYA PRADESH)
6 JAYMATI S/O RAMCHANDRA LOHARPIPLIYA, TEH. AND
. DIST. DEWAS (MADHYA PRADESH)
7 SHYAMUBAI D/O RAMCHANDRA LOHARPIPLIYA, TEH. AND
. DIST. DEWAS (MADHYA PRADESH)
.....PETITIONERS
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
34
W.P. No. 22500 of 2023
THE PETITIONERS)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1
REVENUE DEPARTMENT VALLLABH BHAWAN BHOPAL
.
(MADHYA PRADESH)
THE ARBITRATOR, NATIONAL HIGHWAY TRIBUNAL
2
DEWAS COLLECTOR DEWAS COLLECTOR OFFICE, DEWAS
.
DIST. DEWAS (MADHYA PRADESH)
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
WRIT PETITION No. 30659 of 2023
BETWEEN:-
SDAN SINGH S/O RAMSINGH, AGED ABOUT 54 YEARS,
OCCUPATION: AGRICULTURIST VILL. BANGAR, TEHSIL AND
DIST. DEWAS (MADHYA PRADESH)
.....PETITIONER
(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR
THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH THRUOGH PRINCIPAL
1
SECRETARY REVENUE DEPARTMENT, MANTRALAYA,
.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
THE ARBITRATOR NATIONAL HIGHWAY TRIBUNAL,
2
DEWAS (COLLECTOR, DEWAS) COLLECTOR OFFICE,
.
DEWAS, DISTRICT DEWAS (MADHYA PRADESH)
35
W.P. No. 22500 of 2023
NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH
3
PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9
.
MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
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Reserved on : 10.01.2024
Pronounced on : 13.02.2024
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This petition having been heard and reserved for judgment coming on
for pronouncement this day, Hon'ble Shri Justice S.A.
DHARMADHIKARI pronounced the following
ORDER
Matter is heard finally with the consent of parties.
This order shall govern disposal of aforesaid batch of writ petitions,
viz..WP/22500/2023, WP/22825/2023,WP/22827/2023, WP/22833/2023,
WP/22835/2023, WP 22988/2023, WP/22989/2023, WP/22993/2023,
WP/23138/2023, WP/23142/2023, WP/23143/2023, WP/23560/2023,
WP/23569/2023, WP/23572/2023, WP/23579/2023, WP/23811/2023,
WP/23815/2023, WP/23823/2023, WP/23837/2023, WP/23838/2023,
WP/23842/2023, WP/23847/2023, WP/25350/2023, WP/26249/2023,
WP/26254/2023, WP/26260/2023, WP/26267/2023, WP/26268/2023,
WP/26272/2023, WP/26276/2023, WP/26282/2023, WP/26288/2023,
WP/26296/2023, WP/26420/2023, WP/26423/2023, WP/26692/2023,
WP/26696/2023, WP/26698/2023, WP/26699/2023, WP/30461/2023,
WP/30659/2023.
Regard being had to the similitude of the controversy involved in
the aforesaid cases, they have been heard analogously and disposed of by
this common order.
For the sake of convenience, facts of W.P. No. 22500/2023 are taken
up:
This petition under Article 226 of the Constitution of India has been
filed assailing the order dated 16.08.2023(Annexure P-1) passed by the
Collector/Arbitrator, Dewas as well as the order dated
28.11.2022(Annexure P-4) passed by the Principal Secretary, State
Government.
Facts in nutshell are that petitioner's land bearing Survey No. 1317
admeasuring 0.652 hectare situated in Village Bairagah Teh and Distt
Dewas was acquired by the National Highway Authority of India(referred
to as "NHAI") for proposed new National Highway Link Road
connectivity(Dewas By-Pass Division) development, four laning and
widening. Notifications were issued and an award was passed by the
competent authority i.e. the Sub Divisional Officer(Revenue) on
15.10.2020. The petitioner submitted an application u/S 3(G)(5) of the
National Highway Act, 1956(referred to as "the Act of 1956" hereinafter)
before the Arbitrator i.e. the Additional Collector, Dewas which was
decided by order dated 31.10.2022 after hearing both the parties.
Thereafter, the respondent no.3/NHAI preferred an application u/S 34 of
the Arbitration and Conciliation Act before the District Judge, Dewas
which was withdrawn on 13.02.2023. Subsequently, the respondent no. 2
i.e. the Collector, Dewas issued notice to the petitioner for reviewing the
award dated 31.10.2022 passed by the Additional Collector in the light of
the order passed by the Dy. Secretary, Revenue Department, State of M.P.
dated 28.11.2022 wherein all the Collectors, State of M.P. had been
informed that powers delegated to the Collectors u/S 3(G)(5) of the Act
of 1956 for Arbitration cannot be further delegated to Additional Collector
or any other subordinate. Thereafter, the Collector, Dewas issued an order
dated 29.11.2022 directing the Additional Collector to produce all the
cases decided by him u/S 3(G)(5) of the Act of 1956 for review of the
award so passed and also issued notice to the petitioner. The petitioner
appeared before the respondent no.2/Collector u/S 16 of the Arbitration
and Conciliation Act,1996(referred to as "the Act of 1996" hereinafter)
raising objection on the review of the order dated 31.10.2022. The
Collector rejected the objection. Petitioner preferred writ petition no.
8351/2023 which was dismissed vide order dated 26.04.2023 with liberty
to challenge the order by which application filed by the petitioner was
dismissed. Now the present petition is filed.
2. Learned counsel for the petitioner has raised various grounds
challenging the orders impugned which are as follows:
(i) Learned counsel has taken this Court to Section 11 of the M.P.
Land Revenue Code (referred to as "the Code" hereinafter)which is as
follows:
Section 11 - Revenue Officers - There shall be the
following classes of Revenue Officers namely:
Commissioners(including Additional Commissioners);
Settlement Commissioner(including Additional Settlement
Commissioners); Collectors(including Additional Collectors)
Settlement Officers; Sub-Divisional Officers; Assistant
Collectors; Joint Collectors(including Deputy Collectors): Depty
Settlement Officers: Assistant Settlement Officers; Tahsildars
(including Additional Tahsildars); Superintendents of Land
Records; Naib Tahsildars; Assistant Superintendent of Land
Records.
From perusal of Section 11 of the Code, it is very much clear
that Collector and Additional Collector are on common parlance.
To further clarify, learned counsel for the petitioner has taken
this Court to Section 17 of the Code which is as under:
17. Power to appoint Additional Collectors - (1) The
State Government may appoint one or more Additional Collector
in a district.
(2) An Additional Collector shall exercise such
powers and dishcarge such duties conferred and imposed
on a Collector by or under this Code or by or under any
other enactment for the time being in force, in such cases
or class of cases as the State Government may, by a general
order, notify or as the Collector of the district may subject
to any general or special restrictions imposed by the State
Government, by an order in writing direct.
(3) This Code and every other enactment for the time
being in force and any rule made under this Code or any
such other enactment shall, except where expressly
directed otherwise, apply to the Additional Collector, when
exercising any powers or discharging any duties under sub-
section (2), as if he were the Collector of the district.
3. In view of sub-section 2 of Section 17 of the Code, the
Additional Collector had exercised the powers delegated to him by the
Collector by order dated 27.01.2022 pursuant to Circular of Ministry of
National Highway Authority of India dated 13.01.2022 and notification
dated 03.01.2022 and decided the application filed by the petitioner u/S
3(G)(5) of the Act of 1956 and passed the award.
4. Learned counsel for the petitioner further submitted that the
notification of State Government dated 28.11.2022 has come into effect
after passing of the award on 31.10.2022. Hence, the same ought not to be
made applicable to the award so passed.
(i) While referring to sub section 1 of Section 32 of the Act of 1996,
learned counsel for the petitioner submitted that arbitral proceedings shall
be terminated by the final arbitral award or by an order of arbitral tribunal
under sub-section (2).
(ii) The proceedings before the Collector /respondent no.1 have
become infructuous as the award dated 31.10.2022 was challenged by the
respondent no.3/NHAI u/S 34 of the Act of 1996 has been withdrawn
and therefore the award passed by the Additional Collector has attained
finality.
(iii) The Collector is not a persona designata i.e. as an individual
he has not been designated to decide the matters u/S 3(G)(5) of the Act of
1956 and therefore, the Additional Collector also have power to pass the
award.
5. To bolster his submissions, learned counsel for the petitioner has
pressed into service the judgment passed by coordinate Bench of this
Court in the case of Mukesh Rawat Vs. State of M.P. & Others reported
in 2018(1) RN 207, in the case of Shantilal Jain Vs. M.L. Patil, Addl
Commissioner, Gwalior DN, Gwalior and Others reported in (1988)
MPLJ 172, State of M.P. Vs. Rajdeep Buildcon Pvt. Ltd. Ahmadnagar
reported in 2023(2)MPLJ as well as the full Bench judgment passed by
the Apex Court in the case of Ram Milan and Another Vs. Bansilal
Tejsingh and another reported in AIR 1958 MP 203
6. On the other hand, learned counsel for the respondent
no.3/NHAI contended that revenue code cannot be made applicable to
central laws as it is a State Act.
7. As contended by learned counsel for the petitioner that the
powers of the Collector and Additional Collector are same cannot be
countenanced as both are as per the Act of 1956. Even otherwise, as per
the provisions of Section 3(G)(5) of the Act of 1956, the Central
Government had the power to appoint an Arbitrator. Moreso, petitioner
can file appeal u/S 34 of the Act of 1996 against the order dated
16.08.2023.
8. The Arbitrator cannot delegate its powers to others as it is a
judicial power vested in him by virtue of the Act of 1996. An award can
be set aside u/S 34 of the Act of 1996, but cannot be reviewed or
modified.
9. Learned counsel for the respondent no.3 further submitted that
any decree passed by the Court without any jurisdiction is a nullity. In the
instant case the Court of Additional Collector had no jurisdiction and
therefore, the award passed can be termed as void ab initio.
10. So far as the order dated 16.08.2023 passed by the Collector is
concerned, the same is interim in nature rejecting the objections raised by
the petitioner by filing an application u/S 16 of the Act of 1996. No final
order has been passed.
11. As regards the order dated 28.11.2022, the Principal Secretary,
Revenue Department had issued the notification dated 28.11.2022
wherein the Collector has been directed not to delegate the powers vested
in it u/S 3(G)(5) of the Act of 1956 to the Additional Collector or to any
other authority.
12. Hence, in the light of the aforesaid discussion, the order passed
by the Collector dated 28.11.2022 as well as the order dated 16.08.2023
does not suffer from perversity warranting interference by this Court.
13. Heard learned counsel for both the parties and perused the
record.
14. The sole question which arises before this Court for
consideration is:
"Whether the Collector can review the award passed
by Additional Collector in absence of statutory powers
of review under the National Highways Act, 1956 that
too after a lapse of one year"
15. On a bare perusal of the Section 17 of the Code, there is no
cavil of doubt that the Additional Collector is appointed by the State
Government in exercise of its power conferred under sub-section (1) of
Section 17 of the Code. The controversy to be dealt with in the case in
hand is that whether the Collector is justified in delegating the duties
conferred to him u/S 3(G)(5) of the Act of 1956.
16. Sub-Section (2) of the Section 17 of the Code clearly
stipulates that an Additional Collector shall exercise such powers and
discharge such duties conferred and imposed on a Collector by or under
the Code or by or as the Collector of the district may, subject to any
general or special restrictions imposed by the State Government by an
order in writing direct.
17. Adverting to the question of jurisdiction, on 31.10.2022 when
the award was passed by the Additional Collector, he was having
jurisdiction to pass the award as the Collector vide order dated 27.01.2022
has conferred upon him the powers to decide the matter u/S 3(G)(5) of the
Act of 1956.
18. The Collector has no power under the provisions of the Act of
1956 to review the award passed u/S 3(G)(5) of the Act of 1956. There is
no provision in the Act of 1956 clothing respondent no.2 to pass a second
award. In catena of judgments, various High Courts as well as the Apex
Court has given views which are as follows:
(i) Allahabad High Court in the case of Ravindra Kumar
Singh Vs. Union of India reported in 2019 SCC Online ALL 3589 has
held under:
"30. We find unbroken line of authority to the effect
that power of review is not an inherent power. It needs to be
concerred by the statute by express or specific provision. In
absence of any such power the order simple becomes
without jurisdiction.
31. The legal position in this regard is much too well
settled to require any reiteration. We may in this regard
gainfully refere to the decision of the Supreme Court in Patel
Chunibhai Dajibha Vs. Narayanarao Khanderao Jambekar.
32. The Act does not empower the Collector to review
an order passed by him under Section 76-A. In the absence
of any power of review, the Collector could not subsequently
reconsider his previous decisions and hold that the were
ground for annulling or reversing the Mahalkari's order. The
subsequent order dated February 17, 1959 reopening the
matter was illegal, ultravires and without jurisdiction. The
High Court ought to have quashed the order of the Collector
dated February 17, 1959 on this ground.
The said judgment has been consistently followed by
the Supreme Court, in Kalabharti Advertising Vs. Hemant
Vimalnath Narichania wherein following observations have
been made:
"Review in absence of statutory provisions .
Applying the said principle, we find that respondent
no.2 has travelled beyond its jurisdiction to review its own
order. He has ventured to sit over the order passed by his
predecessor in reopening the Award. Hence, in the absence
of any power of review, the impugned order passed by the
respondent no.2 in the present case is without jurisdiction.
(Vide Patel Chunibhai Dajibha Vs. Naraynarao Khanderao
Jambekar and Harbhajan Singh Vs. Karam Singh)
13. In Patel Narshi Thakershi Vs. Pradhuman Singhji
Arjunsinghji, Major Chandra Bhan Singh Vs. latafat Ullah
Khan. Kuntesh Gupta(Dr.) Vs. Hindu Kanya
Mahavidhyalaya. State of Orissa Vs. Commr. Of land
Records and Settlement and Sunita Jain Vs. Pawan Kumar
Jain this Court held that the power to review is not an
inherent power. It must be concerned by law either
expressly/specifically or by necessary implication and in the
absence of any provision in the Act/Rules, review of an
earlier order is impermissible as review is a creation of
statute. Jurisdiction of review can be derived only from the
statute and thus, any order of review in the absence of any
statutory provision for the same is a nullity, being without
jurisdiction.
34. Applying the said principle, we find that the competent
authority has travelled beyond its jurisdiction to review its
own order. He has ventured to sit over the order by his
predecessor in reopening the Award. Hence, in the absence
of any power of review, impugned order passed by the
competent authority in the present case is without
jurisdiction."
(ii) The High Court of Karnataka also had an occasion of dealing
with a similar situation in the case of National Highway Authority of
India Vs. Assistant Commissioner and Competent Authority, Kolar
and another reported in 2011 SCC Online KAR 115, wherein paragraph
no. 13 is worthy of reference:
"13. The question is whether respondent no.1 has any
power under the provisions of the Act to pass such a second
award. The answer has to be an emphatic No. There is no
provision in the Act clothing respondent no.1 to pass a
second award. Once an award is passed determining the
compensation, by the competent authority, then as per the
provisions contained under sub-section(5) of Section 3-G of
the Act, the aggrieved party who does not accept the amount
has to make an application to the Arbitrator appointed by
the Central Government who will determine the correct
amount payable. As per sub-section (6) of Section 3-G of the
Act, the provisions of Arbitration and Conciliation Act,1996,
are made applicable to every Arbitration that takes place
under the National Highways Act, 1956. As per sub-section
(7) of section 3-G of the Act , certain factors are enumerated
which are required to be taken into consideration while
determining the amount of compensation by the competent
authority and also by the arbitrator. It is thus clear that if it
is the case of the claimants-landowners that proper market
value to the acquired lands payable as on the date of
preliminary notification published under section 3-A of the
Act was not determined and awarded by the competent
authority, the only course open for them is to move the
arbitrator whereupon the arbitrator is enjoined with a duty
to determine the same by following the provisions contained
under sub-section(7) of section3-G of the Act. The aggrieved
party will be further entitled to avail the provisions of the
Arbitration and Conciliation Act, 1996."
(iii) The same view has been reiterated by the High Court of
Chattisgarh at Bilaspur in the case of Mahesh Nachrani and others Vs.
Union of India and Others passed in Writ Petition(C) No. 665/2019,
and High Court of Calcutta in WPA 142 of 2019, 2019 SCC Online Cal
6122, Md. Asaduduzzaman and another Vs. State of W.B. and others.
(iv) Recently, the Hon'ble Supreme Court also in the case of
Naresh Kumar and Others Vs. Government (NCT of Delhi) reported in
2019 MPLJ Online (S.C.) 12 - (2019) 9 SCC 416 considering the issue
whether a review of an award passed under the Acquisition Act was
permissible or not has held thus:
12. It is settled law that the power of Review can be
exercised only when the statute provides for the same.
In the absence of any such provision in the concerned
statute, such power of Review cannot be exercised by
the authority concerned. This Court in the case
of Kalabharati Advertising vs. Hemant Vimalnath
Narichania (2010) 9 SCC 437, has held as under:
"...............
12. It is settled legal proposition that unless the
statute/rules so permit, the review application is not
maintainable in case of judicial/quasijudicial orders.
In the absence of any provision in the Act granting an
express power of review, it is manifest that a review
could not be made and the order in review, if passed, is
ultra vires, illegal and without jurisdiction.
(Vide Patel Chunibhai Dajibha v. Narayanrao
Khanderao Jambekar [AIR 1965 SC 1457] and
Harbhajan Singh v. Karam Singh [AIR 1966 SC
641] .)
13. In Patel Narshi Thakershi v. Pradyuman Singhji
Arjunsinghji [(1971) 3 SCC 844 :
AIR 1970 SC 1273] , Major Chandra Bhan Singh v.
Latafat Ullah Khan [(1979) 1 SCC 321] , Kuntesh
Gupta (Dr.) v. Hindu Kanya Mahavidyalaya [(1987) 4
SCC 525 : 1987 SCC (L&S) 491 : AIR 1987 SC
2186] , State of Orissa v. Commr. of Land Records and
Settlement [(1998) 7 SCC 162] and Sunita Jain v.
Pawan Kumar Jain [(2008) 2 SCC 705 : (2008) 1 SCC
(Cri) 537] this Court held that the power to review is
not an inherent power. It must be conferred by law
either expressly/specifically or by necessary
implication and in the absence of any provision in the
Act/Rules, review of an earlier order is impermissible
as review is a creation of statute. Jurisdiction of
review can be derived only from the statute and thus,
any order of review in the absence of any statutory
provision for the same is a nullity, being without
jurisdiction.
14. Therefore, in view of the above, the law on the
point can be summarised to the effect that in the
absence of any statutory provision providing for
review, entertaining an application for review or
under the garb of clarification /modification/
correction is not permissible."
13. In view of the aforesaid, we hold that the Award
dated 01.10.2003 could not have been reviewed by the
Collector, and thus we allow these appeals and quash
the order dated 04.07.2004 passed by the Collector in
Review Award No.16/0304 as well as the order dated
04.03.2010 passed by the Delhi High Court in Writ
Petition (C) No.2185 of 2008 and Writ Petition (C)
No.381 of 2009. The appellants shall thus be entitled
to the compensation as awarded in terms of the Award
of the Land Acquisition Collector dated 01.10.2003,
and the Supplementary Award dated 27.10.2004.
19. From close reading of the aforesaid judicial pronouncements
of various High Courts as well as the Apex Court, fact which comes out
loud and clear is that unless the provision of law i.e. the statute provides
for the power of review, an award once passed in itself becomes final. The
position of law also gets well settled on the basis of the aforesaid judicial
pronouncements that the power of review is not an inherent power, it must
be conferred by law either specifically or by necessary implication. A
review is always considered to be a creature of statute and power of
review cannot be entertained in the absence of a provision thereof.
20. In the light of aforemenitoned judgments of various High
Courts as well as the Apex Court, the answer to the moot question is that
the Collector could not have passed the impugned order for recalling of
the award passed by the Addnl. Collector in absence of any express
provision of reviewing the arbitral award.
21. In view of the aforesaid, the writ petition deserves to be and is
hereby, allowed and the order dated 16.08.2023(Annexure P-1) as well as
the order dated 29.11.2022 (Annexure P-6) are hereby set aside thereby
entitling the petitioners the benefit as per the original award dated
31.10.2022.
22. Let a copy of this order be placed in the connected matters
viz.,WP/22825/2023,WP/22827/2023, WP/22833/2023, WP/22835/2023,
WP 22988/2023, WP/22989/2023, WP/22993/2023, WP/23138/2023,
WP/23142/2023, WP/23143/2023, WP/23560/2023, WP/23569/2023,
WP/23572/2023, WP/23579/2023, WP/23811/2023, WP/23815/2023,
WP/23823/2023, WP/23837/2023, WP/23838/2023, WP/23842/2023,
WP/23847/2023, WP/25350/2023, WP/26249/2023, WP/26254/2023,
WP/26260/2023, WP/26267/2023, WP/26268/2023, WP/26272/2023
WP/26276/2023, WP/26282/2023, WP/26288/2023, WP/26296/2023,
WP/26420/2023, WP/26423/2023, WP/26692/2023, WP/26696/2023,
WP/26698/2023, WP/26699/2023, WP/30461/2023, WP/30659/2023.
(S.A. Dharmadhikari) (Devnarayan Mishra)
Judge Judge
sh/-
