SMT. SHANTI DEVI Vs. STATE OF M.P. AND OTHERS
LAWS(MPH)-2018-3-513
HIGH COURT OF MADHYA PRADESH
Decided on March 08,2018

Smt. Shanti Devi Appellant
VERSUS
State of M.P. and Others Respondents

JUDGEMENT

VIRENDER SINGH,J. - (1.) The petitioner has come before this court to issue an appropriate writ of mandamus or a writ, order or direction in the nature of mandamus restraining the respondents from taking possession of the land from the petitioner and stay the operation and effect of the order dated 12.02.2018 passed in Appeal No. 0045/2017-18 by the Appellate Authority under the Madhya Pradesh Lok Parisar (Bedakhli) Adhiniyam, 1974 (hereinafter referred to as the Act, 1974) till the final disposal of the her appeal pending before the Appellate Authority. By the order dated 12.02.2018, the Appellate Authority has dismissed his application for granting stay against the order of eviction dated 25.01.2018 and possession warrant dated 02.02.2018 passed and issued by the Competent Authority to evict the petitioner from a part of the land (24000 sq.ft.) bearing survey No. bearing survey No.1356/1 admeasuring 0.048 hectare and 1356/2 admeasuring 0.048 hectare situated in village Piplyahana, Khajrana.
(2.) The roots of the cause of the present controversy go back to the year 1987. The land in question was acquired for development and construction of Ring Road after publication of a notification on 26/05/1987. The petitioner claimed that neither any compensation was paid to the mother of the petitioner nor possession was taken from her because the land in possession of her mother was not part of the acquisition. In 2005 the respondent IDA tried to evict the petitioner. She filed a Civil Suit No.439A/2005 on the basis of adverse possession for declaration and injunction which was dismissed vide judgment and decree dated 25/03/2014. Appeal bearing F.A. No.5/2014 preferred by the petitioner also dismissed vide order dated 26/09/2014, however, it was directed that petitioner be not evicted without following due process of law. IDA preferred Second Appeal No.489/2014 before the High Court which was also dismissed vide order dated 03/07/2015 maintaining that direction of the first appellate Court that the petitioner be not evicted without following due process of law. It was further observed by the High Court that findings recorded by the Courts below shall not come in the way of IDA while evicting the petitioner by following due procedure of law. Review petition No.296/14 was also dismissed vide order dated 01/03/2016. Being aggrieved by the observation made by this Court that findings of the Courts below shall not come in the way of eviction of the petitioner, the petitioner preferred SLP No.25370/16 which was dismissed vide order dated 17/02/2017 observing that suit for declaration on the basis of adverse possession itself was not maintainable. Review Petition Diary No.8526/16 has also been dismissed.
(3.) IDA initiated proceedings under M.P. Lok Parisar (Bedakhali) Adhiniyam, 1974 (hereinafter for short 'the Act, 1974') on 30/07/2015 before the Competent Authority under 'the Act,1974' (respondent No.3) averring that the petitioner is an encroacher over the public property. Notice under Section 4 of 'the Act' was served on the petitioner on 03/12/2015. The petitioner appeared and filed reply and contested the proceedings on 03/05/2017. The case was transferred to the Sub-Divisional Officer, Vijay Nagar, Indore in view of the distribution memo dated 28/05/2016 issued by the Collector, Indore.;


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