MAHANTH GHANSHYAM PURI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) In this petition, the petitioner has impugned the legality and validity of the order dtd. 1/10/2018 by which the power has been exercised by the Collector under Sec. 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and was declared the acquisition in respect of the land of a third person as having lapsed. While passing the impugned order, respondent No. 2 has set aside the order of lapsing which was passed in the case of the petitioner in Case No.03/A-6(a)2009-10 vide order dtd. 14/6/2011, even without issuing notice to the petitioner and granting opportunity of hearing.

(3.) The grievance of the petitioner is that the owner of the adjoining Khasra No. 51 preferred an application before respondent No. 2 for release of land bearing Khasra No. 51 on the same consideration and was accorded in the case of the petitioner with regard to Khasra No. 52. The Collector has passed the impugned order at the same time in Para 15.2 of the impugned order has set aside the order of lapsing dtd. 14/6/2011 without hearing the petitioner.