UJJAIN VIKAS PRADHIKARAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution of India filed by the Ujjain Development Authority, a Corporation owned and controlled by the Government of M. P. , is directed against the State Government and the petitioner is aggrieved by the State Government notification dated 1-1-1990 (Annexure P-4) issued under Section 48 (1) of the Land Acquisition Act, 1894 whereby the State Government has withdrawn from acquisition of certain lands as specified in the schedule of the said notification.

(2.) AT the out-set, I have to observe that this is a totally unwanted litigation between the Public Sector Undertaking and the State Government and is contrary to the directions given by the Apex Court on more than one occasion. In Oil and Natural Gas Commission and Anr. v. Collector of Central Excise [1992 Supplementary (2) SCC 432], the Apex Court reiterated:

(3.) THE petition is devoid of any merit even otherwise. Section 48 confers the State Government an absolute right to withdraw from acquisition of any land of which possession has not been taken. In the instant case also the possession of the land was not taken. Only very small portions of the land acquired have been denotified as it was subsequently discovered that those plots of land are used by the owners thereof for their residence and their houses are constructed thereon.