SAMIRMAL BADICHAND Vs. STATE OF MADHYA PRADESH, BHOPAL

JUDGEMENT

(1.) THIS petition has been filed by the petitioners -challenging a notification issued on 4th March 1978 under section 4(1) of the Land Acquisition Act, 1894 and further proceedings in the matter and a direction is sought quashing the notification and further proceedings.

(2.) ACCORDING to the petitioners they are the bhumiswamis of agricultural land situated at New Hospital Road, Jaora, district Ratlam, described below:

(3.) IT is alleged by the petitioners that Jaora is a town with a population of nearly 50000 and the entire town is divided into 22 municipal wards and each and every ward has 5 to 7 mohollas in it. There are thus about 110 mohollas in the town and each moholla is a compact unit. Having acquired a separate name and is known by that name and is a separate locality. According to the petitioners the land of the petitioners is situated in a locality known as New Hospital Road (formerly Pahadia Road) and in the notification Annexure A, referred to above, the locality where the land is required is not specified. It was only stated that land from village Jaora is required. Apparently, village Jaora is situated in district Ratlam and according to the petitioners this much of the description of the locality was not sufficient to enable them to know as to whether it was their land which may be required for acquisition or any portion of their land; and therefore it did not enable them to file an objection against the proposed acquisition.