AKHILESH N GIRI Vs. STATE OF M P

JUDGEMENT

(1.) Smt. Draupadi Goswami had filed M.P. 4894/1992 against the State Government submitting inter alia that the petitioner's land situated in Ward No. 1, Municipal Area of Baraseoni recorded as Khasra No. 899/1 area 17835 sqft was taken possession of by the State Government for construction of Baraseoni-Nagpur road. She stated before the Court that neither proceedings under Land Acquisition Act were drawn nor the possession was taken under any negotiation. It was submitted before the learned single Judge that without acquiring the land for purposes of construction of the road the respondents dispossessed and utilized the aforesaid land for the construction of the road.

(2.) The respondents filed their return wherein it was stated that the land was acquired by private negotiation in accordance with the instructions contained in P.W.D. Manual para 2.113 which provides acquisition of land by private negotiation. The respondents also stated that they offered compensation to the petitioners and intimated them to appear in the office but the petitioners did not appear in the office nor accepted the compensation.

(3.) After hearing learned Counsel for the parties the learned single Judge came to the conclusion that it was not in dispute before him that the land of the petitioner was utilized for construction of Baraseoni-Nagpur road and part of the aforesaid land is still in possession of the respondents even after constructions of the road, that the respondents took the specific objection that the land was acquired by private negotiation. However, the fact was denied by the petitioners. The learned single Judge observed that: