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2005 Supreme(MP) 577

S.S.JHA, P.K.JAISWAL
Dev Kunwar Ben Shah – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.C. Agrawal and K.N. Gupta with Praveen Newaskar for appellant;
Smt. Ami Prabal, Government Advocate for respondent No.1;
S:P. Jain for respondent No.2.

JUDGMENT

Jha, J.--1. This appeal is filed by the plaintiff against dismissal of her suit by the trial Court.

2. Facts of the case are that plaintiff filed a civil suit for declaration and mandatory injunction. Plaintiff claimed that the defendant State wanted to establish Krishi Upaj Mandi at village Mirjapur for which notification was issued for acquisition of 20.216 hectare of land. In the said notification, Khasra No. 30 having total area of 4.620 hectare was also included. Out of the said land, plaintiff is the owner of 2.530 hectare. Preliminary notification under section 4 of the Land Acquisition Act (hereinafter, referred to as the "Act") was issued on 15.12.1995 and final notification under section 6 of the Act was issued on 10.5.1996. Plaintiff pleaded that under section 11A of the Act, compensation was required to be determined within two years from the date of publication of declaration under section 6 of the Act. Plaintiff claimed that it is mandatory to pass award within two years and on failure to pass award within two years, acquisition proceedings will lapse which will mean that entire proceedings initiated under sections 4 and 6 of the Act had lapsed and fresh acquis
















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