JOURA BEGAM AND ORS. Vs. STATE OF M.P. AND ORS.
LAWS(MPH)-2015-9-126
HIGH COURT OF MADHYA PRADESH
Decided on September 16,2015

Joura Begam And Ors. Appellant
VERSUS
State of M.P. and Ors. Respondents





Cited Judgements :-

BHARAT AND ANOTHER VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2016-3-129] [REFERRED]
UNION OF INDIA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-175] [REFERRED TO]


JUDGEMENT

- (1.)This appeal has been filed by the appellant under section 2(1) of the Madhya Pradesh Uchcha Nyalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by order dated 9-1-2015 passed by the learned Single Judge in W.P No. 2746/2014 as well as the order dated 9-2-2015, passed in Review Petition No. 50/2015.
(2.)The learned counsel appearing for the appellant submits that the appellants have purchased the lands bearing Survey No. 422, area 0056 hectares and Survey No. 423/3, area 0.500 hectares, situated in village Sewda, Tahsil and District Datia, by sale deeds dated 21-12-2009 and 14-12-2011 from Neeraj Kumar and Kalka Prasad Dubey, respectively. Admittedly, the land in question was the subject-matter of land acquisition proceedings and was acquired under the provisions of Land Acquisition Act. It is also undisputed that an award in respect of the lands in question was passed on 30-3-2009 against the original land owner.
(3.)As the land had been acquired for the purposes of construction of Datia-Sewda by-pass road, therefore, when the authorities started taking action for constructions of the road, the appellants who are persons that have subsequently purchased the lands from the original owners, filed W. P. No. 2746/2014 on the ground that the property in question that had been purchased by them after it had been released from acquisition by the authorities concerned by Annexure P-9, dated 24-3-2009 and, therefore, as the property was no longer subject-matter of the acquisition proceedings and as the appellants had purchased it therefore the respondent/authorities could not claim that the property had been acquired and in case they wanted to undertake construction of the road on the aforesaid property, they were required to take recourse to the proceedings for acquisition of land before taking any steps in that regard.
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