BHOOMANDAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the constitution of India. This writ petition should succeed on the short ground that the State took almost one year to decide as to whether the land belonging to the petitioner should be acquired or not but did not think it proper to afford hearing under section 5-A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'act') to the land owner. The petition arises out of the following facts.

(2.) THE petitioner is the owner of the land. His land was sought to be acquired for providing an approach road to a Kabristan. For this purpose, the municipal Council made a request to the State Government for acquiring the land under section 4 of the Act for the benefit of the Municipal Council (hereinafter referred to as the 'council' ). In this petition it has been stated the Council felt the necessity of" this land in the year 1983 but the final order with a view to acquire the land was taken in 1985. The averments made in para 9-B of the writ petition reads as under :-

(3.) THE averments so made have not been denied but all that has been stated is that the Collector made certain recommendations and that the matter was under consideration and therefore, some delay took palace. The reply given by the State Government to para 9-B may be noticed as under :