LAWS(MPH)-2020-12-24

STATE OF MADHYA PRADESH Vs. DINESH

Decided On December 07, 2020
STATE OF MADHYA PRADESH Appellant
V/S
DINESH Respondents

JUDGEMENT

(1.) The present Miscellaneous Petition has been filed by the State of Madhya Pradesh under Article 227 of the Constitution of India against the order dated 30.10.2019 passed by the Additional District, Judge, Manawar, District - Dhar, in Execution Case No.10/2018.

(2.) The undisputed facts reveal that the sole respondent before this Court is owner of a land bearing Survey No.769/3, area 2.50 hectare and the same was acquired for public purpose in respect of rehabilitation of displaced persons of the villages which came under submergence due to increase of height of Sardar Sarovar Dam, Tehsil - Dharampuri, District - Dhar. An award was passed on 14.09.2004 by the Land Acquisition officer, and thereafter, a reference was made under Section 18 of the Land Acquisition Act, 1894 before the District Judge.

(3.) The Reference Court, vide order dated 24.08.2013 allowed the application filed by the land owner making enhancement in the award and the award passed by the Reference Court dated 24.08.2013 was subjected to judicial scrutiny by the State of Madhya Pradesh as well as by the land onwer.