SAROJ KUMARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition is directed against the award, dated 6th October 1964, made by the Land Acquisition Officer, Durg, in Revenue Case No. 17-A of 1965. It is urged that the said award was given without giving any opportunity to the petitioner to adduce evidence in support of her claim and is thus vitiated.

(2.) THE circumstances in which the award was pronounced may he briefly stated. Certain land in mouza Kasaridih in the town of Durg was to be acquired for the purposes of the Bhilai Sled Project. Notifications under Sections 4 and 6 of the land Acquisition Act were issued and pursuant thereto an award, dated 6th July 1961, was also given by the Land Acquisition Officer. After the award was given, the Land Acquisition Officer, however, came to the conclusion that the notification under Section 0 was defective and, therefore, requested the State Government to issue a fresh notification under Section 6. After the fresh notification was issued and was published, notices under Section 9 were issued to the land holders, but the award, dated 6th July 1961 was not withdrawn. Order-sheet, dated 12th July 1962, says:

(3.) THE order of this Court was passed on 6th February 1963 and the matter was taken up by the Land Acquisition Officer on 20th February 1963. Between 12th july 1962 and 20th February 1963 nothing was done in the case apart from awaiting the field statemenls. After 20th February 1963 no fresh notice was given to the land holders when the matter was taken up afresh for consideration after receipt of the record from the High Court. The Land Acquisition Officer proceeded on the basis of the notices issued under Section 9 previously and the claim statements filed by the petitioner and others and gave a fresh award, which is almost a paraphrase of the original one.