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2020 Supreme(Chh) 147

GOUTAM BHADURI
KIRAN DEVI AGRAWAL – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
Ashish Shrivastava, Advocate, Animesh Verma, Advocate, Alok Bakshi, Advocate, Sanjay Patel, Advocate

JUDGMENT

Goutam Bhaduri, J. - The issue involved in this case is about the denotification made under Section 48 of the Land Acquisition Act 1894 (hereinafter referred to as the Act, 1894) and thereafter the review made by impugned order dated 27.01.2005 which is under challenge. The legality and propriety of such review order calling back orders and denotification order u/s 48 of the Act of 1894 are subject matters of adjudication.

2. The facts, as pleaded, are that on 12.06.1989 a proposal was sent by the Executive Engineer of the M.P. Housing Board, Raipur (as it was the then erstwhile Madhya Pradesh) for acquisition of land admeasuring 35.034 hectares situated at village Sondongri. The subject land in this case is Khasra No.613/128 & 613/163 admeasuring 1.190 hectares & 0.118 hectares respectively. In respect of part and parcel of such land subject of acquisition, on 11.1.1990, the original owner Hitendra Kothari executed a sale of land bearing Kh. No.613/163 in favour of petitioner No.4 Smt. Meena Dholakia. Likewise on 02.02.1990, a registered sale deed was executed by Smt. Daksha Kothari in favour of petitioner No.3 Smt. Kalpana Dholakia of Kh. No. 613/128. Subsequent to such p

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