Back
B. R. GAVAI, SATISH CHANDRA SHARMA, SANDEEP MEHTA
Dinesh – Appellant
Versus
State of Madhya Pradesh – Respondent
1. Leave granted.
2. The instant appeals by special leave have been filed by the appellants herein for assailing the common final judgment and order dated 13th October, 2023 passed by the High Court of Madhya Pradesh, Indore Bench in a batch of writ petitions whereby, the petitions filed by the appellants to assail the proceedings of acquisition of the appellants’ land were dismissed.
3. The State of Madhya Pradesh published a notification dated 27th May, 2022 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(hereinafter being referred to as the ‘Act of 2013’) proposing to acquire lands of Village Jamodi, Tehsil Pithampur, District Dhar, Madhya Pradesh of which appellant’s lands also formed a part. The lands were sought to be acquired for the purposes of establishing a Multi-Model Logistics Park under the Bharatmala Project of the Government of India.
4. The appellants submitted their objections to respondent No. 1-Collector under Section 15 of the Act of 2013 on 1st September, 2022. However, no response was forthcoming on such objections whereupon the appellants filed fresh objections on 23rd December, 2
Acquisition of land – Hearing of objections – SDO has been conferred powers to act only as Land Acquisition Officer under land acquisition notification – Hearing of objections is a sacrosanct act tre....
The Collector or the Officer empowered in this behalf can only hear the objections, make an enquiry, and forward his report with recommendations to the State Government, which is the appropriate Gove....
The court affirmed that the SDOs had the authority to decide objections in land acquisition under the Act, and the process followed was in compliance with statutory requirements.
Merely because Collector failed to revise market value based on prevalent market value of land, the entire proceedings would not be vitiated, for reason that, petitioners are not going to sustain any....
Point of Law : Any person interested in the land can raise objections relating to : (a) the area and suitability of the land proposed to be acquired (b) justification offered for public purpose and (....
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
Point of law: Under sub-section (4) of Section 11, any person aggrieved by the order made under sub-section (3) or in appeal or revision can file a civil suit to contest the order. The vendors had co....
Compliance with the Land Acquisition Act, including the deposit of compensation and evidence of physical possession, is crucial for the validity of acquisition proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
