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HEMANT GUPTA, H. P. SINGH, VIJAY KUMAR SHUKLA
Bhagwanti Bai – Appellant
Versus
State of MP – Respondent
Hemant Gupta, CJ.
A Division Bench of this Court on 27.3.2018 expressed its reservation with another Division Bench judgment of this Court passed on 6.4.2017 in bunch of appeals with main appeal bearing Writ Appeal No. 91/2017 (Narmada Valley Development Authority and others Vs. Shashikant Patel) [Indore Bench], and the matter was referred to the Larger Bench on the following questions:-
“(1) Whether the State Act deals with acquisition of land or only deals with grant of compensation for use of surface of land?
(2) Whether the Madhya Pradesh Bhumigat Pipeline, Cable Evam Duct (Bhumi Ke Upyokta Ke Adhikaran Ka Arjan) Adhiniyam, 2013 is repugnant to the Central Act for the reason that the same does not find mention in Schedule-IV of the Central Act, therefore, the State Act will not have any force of law?”
2. At the outset learned counsel for the petitioner pointed out that in appeal before the Supreme Court being Diary No.22153/2017 directed against an order passed by this Court in Narmada Valley Development Authority and others Vs. Balu, (for short ‘NVDA’), the Hon’ble Supreme Court passed an order of giving liberty to the appellant to file a review application in view of the o
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