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1997 Supreme(SC) 427

G.T.NANAVATI, K.RAMASWAMY
State Of M. P. – Appellant
Versus
Brijesh Kumar Awasthi – Respondent


ORDER

Delay condoned.

Leave granted.

We have heard learned counsel for the parties.

2. This special leave petition arises from the judgment of the High Court of Madhya Pradesh, Jabalpur Bench, made on April 11, 1996 in M.A. No. 414/96. Respondent No. 2, Shivshankar Shukla was the owner of the land from Khasra No. 336, Peesajhodi, Tehsil in District Betul. The said property was acquired and an award came to be made under Section 16 of the Indian Forest Act by the Forest Superintending Officer. In lieu of compensation, the land to an extent of 4.50 acres of Khasra No. 282/1 and 292 was given to them. That award became final. After taking over possession thereof, the standing timbers (bamboos) were removed. The respondents filed Civil Suit No. 4A of 1988 for a declaration of title to the land in Khasra No. 336 and for compensation of Rs. 39,000/-. After filing the written statement contesting the suit, Narendra Kumar, the Conservator of Forest, the third respondent colluded with the respondents 1 and 2 without any sanction of the State Government and appears to have suffered a compromise decree in that suit. The additional District Judge, Betul, accordingly, passed a decree on May 8, 199





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