LAWS(MPH)-2008-12-4

BHANWARLAL Vs. STATE OF M P

Decided On December 10, 2008
BHANWARLAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) WITH the consent of the learned Counsel for the parties, the case is being taken up for final disposal.

(2.) THE land of the petitioner was acquired and an award dated March 27, 2003 (Annexure P- 1) was rendered by the Land Acquisition Officer. The petitioner claims that he came to know of the aforesaid award on April 23,2004, and as such, immediately on coming to know of the said award, and having a feeling that the compensation amount had been assessed by the Land acquisition Officer on lower side, he sent a petition to the Acquisition authority for enhancement of the compensation. The aforesaid petition was labelled as a notice under Section 80 of the Code of Civil Procedure. A copy of the said notice has been appended as Annexure P-3 with the petition.

(3.) ON an earlier occasion, the petitioner had approached this Court through Writ Petition No. 4610/2008. The grievance raised was that although the aforesaid application filed by the petitioner was pending before the acquisition Authority, but no final decision had been taken in the matter, inasmuch as the matter had not been referred under Section 18 of the Land acquisition Act, 1894 to the Civil Court of competent jurisdiction.