SATISH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally with the consent of the parties. W.A. No. 392/2009 under Sec. 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dtd. 9/9/2009 passed in W.P. No. 2624/2008 and W.A. No. 447/2009 under Sec. 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dtd. 19/7/2004 passed in W.P. No. 830/1997 whereby the writ petitions filed by the appellant has been dismissed. W.P. No. 11149/2010 had been filed by the petitioner for quashment of the notifications u/S 4 of the Land Acquisition Act dtd. 12/7/1994 as well as notification u/S 6 of the Land Acquisition Act dtd. 26/5/1995 and other consequential proceedings arising therefrom with respect to land acquisition of petitioner's land. Looking to the similitude of the controversy involved in the writ appeals as well as the writ petition, present appeals and writ petition are being disposed off by this common order. INTRODUCTION: The Appellants Satish Batra & Others in Writ Appeal 392 of 2009, are the landowners of the land bearing survey no. 43/1/[k admeasuring 0.468 hectares situated in village Neemanwasa, Tehsil and District Ujjain. The Appellants Gajanand Mali and Nirmal Kumar Gupta in Writ Appeal no. 447 of 2009 are the land owners of the land situated in Village Neemanwasa, Tehsil and District Ujjain bearing land survey no(s) 44/1, 44/2, 44/4, 87/3, 89, 90, 91, 92, 93, 94, 95 total admeasuring 7.701 hectares and survey no. 43/1 measuring 0.123 hectares, consecutively. The Petitioner Nandkishore (Dead) through legal heirs Ramgopal & others in Writ Petition 11149 of 2010 i.e., are the legal heirs of the owner of the land bearing survey no. 43/1 measuring 0.478 hectares situated in village Neemanwasa, Tehsil and District Ujjain. The petitioner in the petition and appellants in appeals are the rightful owners of the aforementioned survey numbers, and, therefore, their names were duly inscribed as bhumiswami in the revenue records i.e., the Khasra of the said lands of the relevant revenue years.

(2.) CHEQUERED HISTORY Events preceding to issuance of Notification under Sec 4 of the Land Acquisition Act of 1894 for acquisition of land: -

(3.) PREVIOUS LITIGATION AT A GLANCE