MADHUKANT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed the present petition seeking compensation at the rate of Rs.7.5 lakhs per year from the year 2010 or irrigated land in exchange for his land damaged by respondents. Facts of the case, in short, are as under:

(2.) Smt. Chandabai was the owner of land bearing Survey No.377, area 3.301 hectare situated in Gram Natankheda. In the year 1972 acquisition proceedings were initiated for the development of a reservoir in Gram Chillur for which 0.442 hectares of the land of survey No.377 was acquired and she was paid compensation of Rs.437.50 by way of award dated 11.12.1972. According to the petitioner, after the death of Chandabai (Nani), he inherited the said property being her grandson and became the owner of the remaining land i.e. survey No.377/1, area 2.859 hectares followed by mutated of his name in the revenue record. According to the petitioner, in the year 2010, respondent No.5 had illegally dug 5 big holes in the said land of survey No.377/1 due to which he could not cultivate an area of the land admeasuring 1.964 hectare out of 2.859 hectares. He remained in possession of the remaining land i.e. 0.859 hectares of survey No.377/1 available to him for agriculture purpose. According to him, since the year 2010 the entire survey No. 377/1 area 2.859 hectares has become unfit for farming, accordingly, he has suffered a loss due from the agriculture income at the rate of Rs.3 lakhs per year from the year 2010. He submitted a complaint to the Collector, Dhar that Sub Engineer WRD through Contractor has taken sand from his land by digging holes through JCB machines for constructing boundary walls of the reservoir. Petitioner further stated that he has requested for levelling of the land so that he can use it for agriculture purpose.

(3.) That the Executive Engineer, Division No.1, Dhar vide letter dated 01.08.2011 has brought the grievance of the petitioner to the knowledge of Collector, Dhar and also informed firstly that the petitioner is working as Tahsildar in the Revenue Department and compensation of Rs.437.50 has been paid for the land survey No.377/2, area 0.442 hectare secondly remaining land of survey No.377/1 is out of the submergence area and at present, he is doing the farming in it, thirdly neither any holes were dug nor any sand was taken from the said land and petitioner is cultivating in his land for last 40 years and fourthly there are arrears of lease to the tune of Rs.2 lakhs, hence requested that appropriate penal action be taken against him for making a false complaint. Thereafter the petitioner submitted a complaint to the Collector on 31.12.2011 and 09.05.2013. The Collector directed him to appear before him on 25.06.2013. A spot inspection was carried out and the Revenue Inspector prepared a Panchnama to the effect that 1.964-hectare land has become unfit for farming because it is coming under the submergence. On the basis of the said Panchnama RI submitted a report to the Collector on 14.07.2014 and recommended payment of compensation at the rate of Rs.2.5 lakhs per year.