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1999 Supreme(MP) 589

S.P.KHARE
Mohd. Arif – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.L. Patel, Adv.
For Respondents/Defendant: Prashant Singh, Panel Lawyer

ORDER

S.P. Khare, J.

1. This is a petition under Article 226 of the Constitution of India challenging the notification dated 18-11-1992 issued under Section 6 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) and also the award dated 9-2-1995.

2. The only plea which has been raised during the course of the arguments by the petitioners is that the proceedings for the acquisition of the land in dispute have lapsed under Section 11A of the Act. Therefore, the facts relevant to that plea are being stated. The respondent No. 2 Collector, Bhopal issued notification dated 18-11-1992 under Section 6 of the Act. It was published in the official Gazette dated 4-12-1992. This includes the lands bearing Khasra Nos. 110/1 to 110/11 area 3.55 acres of village Nishatpura, Tehsil Huzur, District Bhopal. The public purpose for which the land was to be acquired is to establish a new Mandi. The award was signed by the Land Acquisition Officer on 30-11-1994 and it was approved by the Commissioner on 9-2-1995. The petitioner's case is that as the award was not made within the period of two years from the date of the publication of the declaration, the entire proceedings for the







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