RANCHODDAS MATHURADAS GOKULDAS Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of Constitution of India, the petitioners seek to challenge notification dated 30-11-1965 (Annexure-P/1) issued under Section 4 of Land Acquisition Act, notification dated 21-2-1966 (Annexure P/2) issued under Section 6 of Land Acquisition Act and the award made by the Land Acquisition Officer on 14-2-1972 (Annexure P/8 ).

(2.) BRIEF facts leading to the petition are that the State Government to construct a weir to raise water storage capacity of Upper Lake, Bhopal up to contour level R. L. 1666-80, issued a notification under Section 4 of the Land Acquisition Act. Thereafter notification under Section 6 was also issued. During the proceedings of making the award, the petitioners and many others approached the State Government with a submission that part of the land would not be submerged for whole of the year, therefore, those persons were ready and willing to forego their claim of compensation, if they were permitted to occupy the land for rest of the period when the land was not under submergence. On 7th/26th April, 1968, the State Government by its letter No. 1240/600/xvi1-PH. II, Bhopal, directed the Public Health Engineering, M. P. , Bhopal that after taking the undertakings from the affected persons that they would not claim any damage if and when the land would be submerged, the acquisition proceedings may be dropped. By that time the compensation proceedings had already started. In view of the State letter dated 7/26-4-1968 (Annexure P/5), the Land Acquisition Officer stayed the proceedings, as is clear from the recorded proceedings dated 25-6-1968 (Annexure P/9 ). Certain dates were adjourned to await the form of the said undertaking, but after some time the State issued another letter (Annexure P/7) no. 587/17/medi-2-Bhopal on 9-3-1971 in the name of the Governor that the land acquisition proceedings/award proceedings which were stayed be continued and final award be passed. Thereafter, the proceedings continued and a final award happened to be passed on 14-2-1972. It appears that the petitioners, being dissatisfied by the said award, filed a civil suit in the Court of the Additional District Judge, Bhopal, who by his judgment and decree dated 17-1-1996 (C. S. No. 34-A/1978), in the matter of Ranchoddas and Ors. v. State of M. P. , dismissed the suit. A regular first appeal was filed before the High Court, which as submitted by the counsel for the petitioners, was later on withdrawn. The present petition has been filed after withdrawal of the said first appeal.

(3.) LEARNED counsel for the petitioners contends that Annexure P/5, letter dated 7th/26th April, 1968 virtually is an order under Section 48 of the Land Acquisition Act and as the Government has already withdrawn the acquisition proceedings, passing of the award subsequent to the withdrawal would not affect petitioners right nor would affect their title. Explaining the delay, he submits that under some ill advice, a civil suit was filed in the year 1975 which remained pending before the Court which had no jurisdiction up to 1995 and ultimately the appeal had to be withdrawn in the year 1996. He submits that the delay is properly explained and it should not come in the way of the petitioners in view of Annexure P/5.