RAMABHILASH TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition, the petitioners have prayed for a direction against the respondents to return their lands which were acquired under the provisions of Land acquisition Act, (in short, "the Act" ).

(2.) IT is not in dispute that by notification dated 11-7-1975, Annexure A1, issued under Section 6 of the Act, the State Government acquired total 159. 111 hectares of land situated at villages Harnampur and Sonwari, tahsil Maihar, District Satna. These lands were acquired for the establishment of cement factory as public purpose. The lands so acquired included, petitioners' lands bearing Khasra Nos. 47/1 area 0. 0773 hectares; 472/1 area 0. 073 hectares; 473/1 area 0. 554 hectares and 473/2 area 0. 554 hectares -total area 1. 954 hectares situated at village Harnampur. The petitioners willingly accepted the compensation in respect of their acquired lands. The petitioners do not challenge the validity of acquisition of the lands under the provisions of the Act. The lands acquired were handed over to the industries Department of the State government by the Revenue Authorities.

(3.) OUT of 159. 111 hectares of the lands acquired, the cement factory surrendered 122. 9 hectares to the Industries Department which, in turn, decided to retain 34. 268 hectares for establishment and development of industrial area and returned the rest to the land owners. The lands of petitioners fell within the area of 34. 268 hectares of land retained by the State Government. The petitioners vide annexure A4 sent a letter to the respondents to return their lands in the same manner as returned to other cultivators but to no avail.