MIRZAMAJLDHUSSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave arises from the order of the High Court of Madhya Pradesh at Jabalpur in Misc. Petition No.484 of 1987, dated 5-1-1988.

(2.) Notification under Section 4(1) of the Land Acquisition Act was issued acquiring a large extent of 837.50 acres of land for submergence of Barna Dam Irrigation Project in the State of M.P. The Land Acquisition Officer by his award dated 5-9-1969 awarded compensation to the appellant. Thereafter, it would appear that the appellant had received the compensation granted by the Land Acquisition Officer without protest but, according to the appellant, it was under protest. Be it as it may, on the rejection on the reference, the appellant filed a revision before the District Judge in 1982. By order dated 20-6-1982, the District Judge rejected the revision. In 1987, the appellant filed the Writ Petition in the High Court which was dismissed by the High Court on the ground of inordinate delay. It was held that though the Collector had rejected the reference on 2-4-75, the revision was filed in the Tribunal and the Distt. Judge rejected it on 29-6-83. The petitioner who had slept over the matter for more than 5 years, filed the Writ Petition. From the date of the order of the L.A. Collector till date of filing the writ petition more than 10 years have elapsed. On that ground the High Court refused to grant the relief.

(3.) The State Legislature of M.P. amended Clause (b) of sub-section (2) of Section 18 and inserted sub-section (3) thus :