DEVI PRASAD SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is the appeal filed under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 14-12-2007 passed by the learned Single Judge in W. P. No. 3883 of 2007.

(2.) THE appellant is a farmer and owns agricultural land measuring area 0. 640 hectare in Khasra No. 1/1,0. 316 hectare in Khasra No. 1/2,0. 680 hectares in Khasra Nos. 159/1 and 159/2,1. 247 hectares in Khasra No. 185,4. 85 hectares in Khasra No. 185/2, and area 4. 281 hectares in Khasra No. 188/2 in Village paloha, Tehsil Karela, District Narsinghpur, M. P. The appellant has five sons and a daughter (widow) who are all dependent on agriculture for their livelihood.

(3.) THE Central Government issued a notification dated 18-3-2005 under sub-section (1) of Section 3-A of the National Highways Act, 1956 (for short 'the Act of 1956') declaring its intention to acquire the land mentioned in the Schedule thereto for the public purposes of building (widening), maintenance, management and operation of National Highway No. 26 (including construction of bypasses ). The notification stated that any person interested in the land may raise objections to the acquisition of the land. The land measuring 0. 376 hectare in Khasra No. 185 and the land measuring 4. 281 hectares in Khasra No. 188/2 owned by the appellant were included in the schedule to the notification. The appellant raised objections before the competent Authority stating that if the valuable irrigated agricultural land was acquired by the Competent Authority, it would deprive the appellant and his family members of their only means of livelihood. The appellant also stated in the objections that the land was actually being acquired not for the National highway but for commercial activities like restaurants, repair shops etc. and such commercial activities can be undertaken on the vacant Government land in khasra No. 158/2 to 158/2 measuring 5. 414 hectares located only a few meters away from the land of the appellant. Despite the objections of the appellant, the central Government issued a notification dated 24-8-2005 under Section 3-D of the Act of 1956 declaring that the land specified in the Schedule including the land of the appellant shall vest absolutely in the Central Government free from all the encumbrances.