RAJARAM Vs. STATE OF M.P.
LAWS(MPH)-2014-12-64
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on December 17,2014

RAJARAM Appellant
VERSUS
STATE OF M.P. Respondents


Referred Judgements :-

M.S.SHIVANANDA VS. THE KARNATAKA STATE ROAD TRANSPORT CORPN. AND ORS. [REFERRED TO]
STATE OF PUNJAB VS. MANOHAR SINGH PRATAP SINGH [REFERRED TO]
DEEP CHAND BRAHMAN LAL SINGH NIRANJAN SINGH HARI SHANKER SHYAM LAL RAM PRASAD JAIN TRANSPORT GENERAL TRADING CO JAIPAL SINGH VIRENDRA PAL GUPTA VISHAMBHAR DAYAL GUPTA REJENDRAPAL SIA RAM BRIJPAL SINGH PANDIT SRINIVAS MADHO RAM MOHI UDD VS. STATE OF UTTAR PRADESH [REFERRED TO]
BRIHAN MAHARASHTRA SUGAR SYNDICATE LIMITED VS. JANARDAN RAMCHANDRA KULKARNI [REFERRED TO]
STATE OF ORISSA IN BOTH THE APPEALS STATE OF ORISSA IN BOTH THE APPEALS H R S MURTHY VS. M A TULLOCH AND CO :MISRILAL JAIN:M A TULLOCH AND CO [REFERRED TO]
T S BALIAH VS. T S RANGACHARI INCOME TAX OFFICER CENTRAL CIRCLE VI MADRAS [REFERRED TO]
JAYANTILAL AMRATHLAL VS. UNION OF INDIA [REFERRED TO]
M S SHIVANANDA H S RAMCHANDRA VS. KARNATAKA STATE ROAD TRANSPORT CORPORATION:KARNATAKA STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
BANSIDHAR VS. STATE OF RAJASTHAN [REFERRED TO]
BANSIDHAR VS. STATE OF RAJASTHAN [REFERRED TO]
VINOD GURUDAS RAIKAR VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
GURCHARAN SINGH BALDEV SINGH VS. YASHWANT SINGH [REFERRED TO]
MADHYA PRADESH HOUSING BOARD VS. MOHAMMAD SHAFI [REFERRED TO]
P V MOHAMMAD BARMAY SONS VS. DIRECTOR OF ENFORCEMENT [REFERRED TO]
GAJRAJ SINGH VS. STATE TRANSPORT APPELLATE TRIBUNAL [REFERRED TO]
KOLHAPUR CANESUGAR WORKS LIMITED VS. UNION OF INDIA [REFERRED TO]
D SRINIVASAN VS. COMMISSIONER [REFERRED TO]
GAMMON INDIA LTD VS. SPL CHIEF SECRETARY [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [REFERRED TO]
RAJU SHARMA VS. STATE OF M P [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]


JUDGEMENT

- (1.)In this petition filed under Article 226 of the Constitution of India, the petitioners, villagers of Village Badora, Tehsil Karera, District Shivpuri have called in question the legality, validity and propriety of the notification dated 23.8.2013 issued under Section 4 of the Land Acquisition Act, 1984 (Act). The petitioners have also prayed that the respondents be restrained from encroaching the land over which they intend to construct a water pond.
(2.)Shri Arvind Dudawat, learned counsel for the petitioner submits that petitioners are owners of agricultural land bearing Survey No. 683, 696, 694 and 700 of Village Badora, Tehsil Karera, District Shivpuri. Their only source of livelihood is agriculture. It is contended that earlier for the benefit of resident of village Teela, a decision was taken to construct Teela tank on the land of said village which was duly identified. An order dated 17.1.2012 was passed for the purpose of construction of Teela tank. Thereafter, the State Government by order dated 12.3.2013 issued administrative sanction for disbursement of funds.
(3.)It is contended that because of pressure mounted by villagers of Gram Teela, the decision was changed and the impugned notification was issued in order to acquire the land in village Badora. He submits that the total agriculture land as per Government record in village Bodora is 243.90 hectares, out of which by impugned notification under Section 4, the respondents intend to acquire a land to the tune of 194.300 hectares. It is submitted that the petitioners are rustic villagers and are residing in remote area. There is no circulation of daily news papers in the said area. They never came to know about any Gazette notification published Section 4. However, by way of objection in 'Jan Sunwai' (Annexure P-4) dated 18.6.2013, they raised objection about proposed construction of tank at the land of their village. The petitioners actually came to know about such construction when the officers of the State Government equipped with JCB machine came to dig their valuable land. At this stage, on the basis of documents available with them, they filed this petition.
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