KARAN DEVELOPERS DEVELOPMENT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The order passed in this petition shall also govern the disposal of connected W.P. No.9499/2013 (Smt. Rajkumari Bai vs. State of M.P. and others) and W.P. No.17488/2012 (Thakur Vikram Singh vs. State of M.P. and others).

(2.) This petition has been filed by the petitioner praying for the quashment of the Notifications issued by the Collector, Bhopal under Section 4 and 6 of the Land Acquisition Act, 1894 (in short "the Act of 1894") since they have been issued in violation to the mandatory provisions of the Act of 1894. It has also been prayed to quash the entire land acquisition proceedings as the government and the construction company have the alternative suitable site for raising toll plaza under the agreement between the State and the construction company.

(3.) In brief the case of the petitioner is that the petitioner has purchased 1 Acre of land out of Khasra No.54/2 area 0.08 Hectare, Khasra No.55/1 area 0.04 Hectare, Khasra No.57/1 area 0.01 Hectare and Khasra No.59/2 area 0.68 Hectare vide registered sale deed dated 1.6.2009. When the 5 th and 6th respondents tried to interfere in the possession, the petitioner filed a civil suit for declaration and perpetual injunction and prayed that the construction of road encroaching upon the land of the petitioner is illegal and also prayed for decree of perpetual injunction. The Civil Suit No.972-A/2012 was filed on 3.9.2012 in the Court of First Civil Judge, Class-II, Bhopal. In the written-statement, M.P. Road Development Corporation i.e. the respondent No.4 (hereinafter referred to as "the Road Development Corporation") specifically denied that land of the petitioner has been encroached upon for constructing by-pass road. In the written-statement it is also pleaded that the respondents 1 to 3 already initiated the land acquisition proceedings for acquiring the portion of the land of the petitioner under the Notifications of Section 4 and 6 of the Act of 1894.