STATE OF MADHYA PRADESH Vs. NARMADA BACHAO ANDOLAN

JUDGEMENT

(1.) The Respondent Narmada Bachao Andolan (hereinafter called as NBA) has filed the aforesaid applications for expunging certain adverse remarks made in paragraphs 129-132 and 145 of the judgment and order in the aforesaid civil appeals dated 11.5.2011.

(2.) These applications have been filed on the grounds that adverse remarks made against the applicants are unwarranted and uncalled nor based on any material/evidence on record. More so, they were not necessary to adjudicate upon the controversy involved in the appeals. Thus, the same may be expunged. In the said appeals, a large number of factual and legal issues had arisen. However, this Court was concerned with acquisition of land to the extent of 284.03 hectares falling in 5 villages named therein for the reason that the State authorities had taken a decision to abandon the land acquisition proceedings and not to conclude the same. Before the High Court the applicants had pleaded that order of the Authorities to abandon the proceedings was void ab-initio as possession of the land in dispute had already been taken. The High Court came to the conclusion that as the possession of the land in dispute had already been taken it was not permissible for the Appellants herein to resort to the provisions of Section 48 of the Land Acquisition Act, 1894 (hereinafter called 1894 Act).

(3.) When the matter came in appeal before this Court, the factual controversy arose as to who was in actual physical possession of the land. The NBA had taken a stand that as the tenure holders of the said land had already been dispossessed the question of abandoning the land acquisition proceedings could not arise. The State authorities submitted that actual physical possession is still with the tenure holders and the stand taken by the NBA was not factually correct. It was in view thereof that this Court on 24.2.2011 passed the following order: