MAHESH BHARDWAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Public Interest Litigation has been filed against the Notification dated 6-6-2007, Annexure P-5 issued by the State Government under Section 48 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894') releasing the land mentioned in the Notification from acquisition.

(2.) In the year 1985 the Chambal Ayacut Pradhikaran requested the Collector to acquire some land for construction of residential houses of the officers and employees. Consequently, Notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 were issued. The aforesaid Notifications were challenged by some of the land owners before this Court. This Court quashed the Notification on the ground that the proper procedure had not been followed. One of the common order dated 27-10-1994 is passed in Misc. Petition No. 44 of 1986, Ramshri Vs. State of Madhya Pradesh and others and Misc. Petition No. 58 of 1986, Shantilal Agrawal Vs. The State of Madhya Pradesh and others. Thereafter, again Notifications were issued under Sections 4 and 6 of the Act of 1894 on 5-5-91, 2-5-91 and 13-6-1991 as mentioned in the award dated 18-10-91, Annexure P-2. Objections were filed and finally the Authority passed an award under Section 11 of the Act of 1894 on 18-10-91. Total land of 9.689 hectares of different survey numbers, details of which are as un^ler, was acquired :- <FRM>JUDGEMENT_263_MPHT3_2011_1.html</FRM>

(3.) The aggrieved persons filed applications before the Collector for reference under Section 18 of the Act of 1894. The aforesaid applications were rejected by the Collector vide order dated 23rd March, 2002. Thereafter, some persons filed civil revisions before this Court, which were registered as Civil Revision No. 620/2002 and Civil Revision No. 624/2002. The learned Single Judge of this Court vide order dated 2nd November, 2006 dismissed the aforesaid revisions.