KALABAI Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment dated 12-1-2009 passed by Addl. District Judge, Kukshi, District Dhar in Civil Appeal No. ISA/2008, whereby the judgment dated 2-6-2008 passed by Civil Judge Class I, Kukshi, Dist. Dhar in Civil Suit No. 31-A/2008, whereby suit filed by the appellant for declaration and permanent injunction was dismissed, was maintained, the present appeal has been filed.

(2.) Short facts of the case are that appellant Kalabai filed a suit on 6-4-2006 before the learned trial Court for declaration and consequential reliefs alleging that upon the instructions of the respondent No. 1 a team was constituted to enquire the status of the properties at the time of issuance of notice under section 4 of the Land Acquisition Act. It was alleged in the plaint that since the appellant was also the Sarpanch at the relevant time, therefore, appellant was also included in the said team. It was alleged that appellant never went on spot and appellant never received any intimation to remain present on the spot along with the team. Further case of the appellant is that in the report name of the appellant was also mentioned. Further case of the appellant was that upon getting the intimation that report has been submitted on 7-2-2002 appellant intimated to the concerned authorities, wherein it was mentioned that appellant is not responsible for the report, which has been submitted. It was alleged that in the facts and cirtiimstances it be declared that report submitted by the team is illegal incorrect and be declared as null and void. It was also prayed that execution of the said report be restrained. The suit was contested by the respondents. After framing of issues and recording of evidence suit was dismissed against which the appeal was filed, which was dismissed, hence this appeal.

(3.) The appeal was admitted by this Court vide order dated 7-7-2010 on the following substantial questions of law :-