SARDAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for quashing the land acquisition proceedings initiated by the Land Acquisition Officer (Collector) Khargone, M.P. and the consequent proceedings to take possession of the land of the petitioner.

(2.) IT is not disputed that the petitioner is owner of four Khasra Nos. 160, 161/3, 163 and 199, total area 2.292 hectares situated in village Khal Bujurg, Tahsil Kasrawad, District Khargone. It is also not in dispute that the State Government wanted to acquire all the aforesaid four Khasra numbers for the public purpose of establishment of industry of M/s. Maral Overseas Ltd., New Delhi. By letter, Annexure - 'B', the State Government informed the Collector, Land Acquisition, Khargone that out of the aforesaid four Khasra numbers, three bearing Nos. 160, 161/3 and 199 had already been purchased by M/s. Maral Overseas Ltd. and, -therefore, compulsory acquisition be made only of remaining one Khasra No. 163 bearing area 0.295 hactares. this Annexure -'B' is dated 1.12.1990. Accordingly notification under section 6 (Annexure -'C') was issued on 6.12.1990 by Collector Khargone for acquisition of this one Khasra No. 1,63 for public purpose of setting up industry of M/s. Maral Overseas Ltd.

(3.) THE second set of facts is that land acquisition proceedings were again initiated regarding the same one Khasra No. 163 with area of only 0.295 hactares, now showing only a different purpose namely setting up of industrial area instead mentioning the name of the industry. The petitioner opposed these land acquisition proceedings again (Annexure - 'D' dated 30.4.1991). He continued resisting the proceedings by amendment vide Annexure -'E' dated 13.6.1991. It is to be noted that this had led to the success of the petitioner in as much as the Collector dropped the land acquisition proceedings on 30.7.1991 by order Annexure -'G'.