Citation : 2024 Latest Caselaw 15579 MP
Judgement Date : 24 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 2961 of 2023
(GIRISH PRASAD SHUKLA Vs MUNICIPAL CORPORATION, REWA)
Dated : 24-05-2024
Shri Ramanath Dwivedi - Advocate for the appellant/plaintiff - Shri
Girish Prasad Shukla.
Record is received.
Heard on admission.
At the outset, learned Counsel for the appellant/plaintiff submits that this
is a case of reversal of decree. While the learned Civil Judge at Rewa decreed
the Suit, the learned First Appellate Court at Rewa vide Judgment dated
18.10.2023 in RCA No.86/2022 (Commissioner, Nagar Nigam Vs. Girish
prasad Shukla) allowed the appeal, dismissed the Suit.
This appeal is admitted on the following substantial questions of law:-
"( A ) Whether the interpretation of the section 24(2) of land
acquisition Act 2013, interpreted properly by the first Appellate court?
(B) Whether the right of property of the plaintiff cannot be taken
away without procedure established by law?"
On payment of P.F. within 14 working days, issue notice to
respondent - Municipal Corporation.
It is further made clear that till the next date of hearing, both the parties shall maintain status-quo regarding the suit property.
(AVANINDRA KUMAR SINGH) JUDGE
nd
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