SHARIF PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) GENERAL above ten lakhs For projects above twenty five lakhs and in all cases where awards have been passed by the Collector as the land Acquisition Officer. The notification reproduced above does not use the words 'supersede', 'revoke', 'cancel' and the like. The underlined portion would show that powers delegated by the notification are subject to instructions issued from time to time by the State Government in this regard. Having regard to this expression used in the notification the order dated 24.12.83 would be saved and would not be superseded or cancelled by notification dated 16.11.90. Notification dated 16.11.90 is only supplementary to the other instructions of the State Government on the subject and does not have the effect of wiping out order dated 24.12.83 Annexure P/1 to the petition. According to order dated 24.12.83 the Collector can inter alia exercise powers under Ss. 4, 5, 6 and 17 of the Act only with respect to those projects or.

(2.) THOUGH several contentions have ,been urged by Shri Mathur, the petition can be decided on the short ground of jurisdiction of the Collector District Ujjain to exercise powers of an appropriate Government under Ss. 4, 6 and 17 of the Act to issue notification and orders. While according to Shri A.M. Mathur under M.P. Government Revenue Department Order dated 24.12.83 delegated powers under Ss. 4, 5, 6 and 17 of the Act can be exercised by the Collector only if the project or scheme is approved by the Government or on request of a department of the State Government according to respondents 1 and 2 exercise of powers by the Collector is defended on the strength of notification No. F. 12 -84 - VII -9 -90 dated 16.11.90 published in M.P. Government Gazette dated 30.11.90 Ann. R -2 (of respondents 1 and 2) ~ the return. What has to be seen is whether notification dated 16.11.90 has the effect of superseding revoking or wiping out the order dated 24.12.83 Ann. P/1 to the petition. For appreciating this issue, the relevant notification is reproduced below: -

(3.) ACCORDING to order dated 24.12.83 the Collector can inter alia exercise powers under Ss. 4, 5, 6 and 17 of the Act only with respect to those projects or schemes which were approved by the Government or/are on a request of the Department of the Government. The relevant portion of the memo order is reproduced below: -