Bhaskardutt Dwivedi vs The State Of Madhya Pradesh
2024 Latest Caselaw 15213 MP

Madhya Pradesh High Court

Bhaskardutt Dwivedi vs The State Of Madhya Pradesh on 21 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 13236 of 2024
                                      (BHASKARDUTT DWIVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 21-05-2024
                                   Shri Chandrahas Dubey - Advocate for the petitioner.

                                   Smt. Swati Aseem George - Deputy Government Advocate for the
                          respondents/State.

It is submitted by Smt. Swati Aseem George that instructions have been taken and some private land is also involved in construction of the road. It is

submitted that road was in existence for the last 40-50 years and now new road is being constructed and filling has also been done.

Accordingly, counsel for respondents is directed to address this question as to whether this Court after applying the principle of adverse possession can dismiss this petition on the ground of delay and laches because right to property is a Constitutional right under Article 300-A of Constitution of India and in the light of judgment passed by Supreme Court in the case of Kolkata Municipal Corporation & Anr. Vs. Bimal Kumar Shah & Ors decided on 16/05/2024 in Civil Appeal No.6466 of 2024, whether the act of respondents

in illegally dispossessing the petitioner by constructing a new road can be upheld?

Counsel for the respondents prays for a day's time to address on this issue.

As prayed, list on 22/05/2024.

Since it has been admitted by State counsel that some part of the road is being constructed over the private land belonging to the petitioner, therefore further construction on the land belonging to the petitioner is hereby stayed till

further orders and the private land shall not be used for road purposes.

(G.S. AHLUWALIA) JUDGE

S.M.