MUNNALAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 30/10/2002 passed in WP No. 5892/2002 by the learned single Judge, by which appellants' writ petition was dismissed by following order:-

(2.) LEARNED counsel for the appellants submitted that wp No. 5892/2002 was based on a subsequent cause of action. In earlier round of litigation W. P. No. 535/2001, appellants herein had challenged the notification issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the "act, 1894"), which was heard and decided vide order dated 2/2/2001 (supra ). While in this case, appellants sought declaration from this Court that under Section 11-A of the Act, 1894 the award was not passed within a period of two years from the date of publication of the notification under Section 6 of the Act, 1894, so the proceedings for the acquisition of the land has lapsed. The learned Single Judge without considering this aspect dismissed the writ petition mainly on the ground that earlier Writ Petition No. 535/2001 was dismissed on 2. 2. 2001.

(3.) IT was further submitted by learned counsel for the appellants that the notification issued under Sections 4 and 6 of the Act, 1894 which was the subject matter of WP No. 535/2001, was also challenged by other land owners of Misc. Petition no. 1971/90, in which the Writ Court granted ad-interim writ and further proceeding before the Land Acquisition Officer were stayed. Thereafter, Misc. Petition No. 1971/90 was allowed vide order dated 11/2/1999 and the notifications issued under sections 4 and 6 were quashed. Then the respondent No. 4 MP grih Nirman Mandal filed LPA No. 246/1999, in which on 6/11/2000 the aforesaid order was passed, which is referred in the order passed in WP No. 535/2001. So the appellants has rightly filed writ petition, as a fresh cause of action arose to the appellants after decision in LPA No. 246/1999 on 6/11/2000. It was submitted by the appellants that this writ appeal be allowed, the impugned order be set aside and the matter be remanded back to the learned Single Judge for hearing the matter on merits.