RAMESWAR UDAJI DHAKAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Pith Ko Appeal) Adhiniyam, 2005 being aggrieved by the order dtd. 27/6/2019 passed by the learned Single Judge in W.P.No.1420/2017 by which the writ petition filed by the petitioners/appellants has been dismissed.

(2.) The appellants filed the writ petition seeking direction to the respondents that they be restrained to construct a canal on the agricultural field and further restrain to interfere with the peaceful possession. The appellants have also sought a direction for restoration of possession of their land. The grievance of the appellants was that the respondents were excavating the land belonging to the appellants without acquisition of land and without there being any notification under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'Act, 2013').

(3.) It is contended that the possession of the land has been taken by the respondents in violation of Sec. 11(1) of the Act, 2013, therefore, the appellants are entitled for restoration of possession with the same condition of the land. In support of his contention he has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Tukaram Kana Joshi and others Vs. Maharashtra Industrial Development Corporation and others, (2013) 1 SCC 353.