LAWS(MPH)-1994-9-114

SIYARAM Vs. STATE OF M.P.

Decided On September 30, 1994
SIYARAM Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The acquisition proceedings taken by the State Government for a project to be executed by Madhya Pradesh Housing Board, Bhopal (hereinafter referred to as the Board), have been impugned in this petition under Art. 226 of the Constitution of India.

(2.) The brief facts out of which this petition arises may be noticed.

(3.) The petitioners are owners of land situated in village Joura Khurd. According to them, this area falls within the city limits of Morena. It is further stated that the city of Morena consists of three revenue villages, namely, Badokhar, Jouri and Joura Khurd. According to the petitioners, village Joura Khurd is no more a small village but is a part of the Morena city. It has 15 wards and has a population of more than 30,000. It is stated that there is a bus-stand, Gandhi Colony, Sindhi Colony, Keshav Colony, Officers' Colony, and also buildings which house State Armed Police Force. The petitioners are aggrieved against a notification issued under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). This notification has been placed on record of the writ petition as Annexures P/2 and P/3. Annexure P/2 is the copy of the notification dated 17th July, 1990 which was published in the Madhya Pradesh Rajpatra on 10th of Aug., 1990. Annexure P/3 is the copy of the notification which was published in the Dainik Bhaskar of 10th of Aug., 1990. In Annexure P/2 the name of the village has been shown as Joura whereas in Annexure P/3 it has been further identified by mentioning the word "khurd" in brackets. This notification under Sec. 4 was also published in two newspapers namely Madhya Rajya and Bhaskar on 9th Sept. and 10th Sept., 1990. These are Annexures R/1 and R/2 with the return of the Board.