ORDER

1. Pleadings are complete. With the consent of learned counsel for the parties, the matter is finally heard.

2. This petition is filed under Article 226 of the Constitution of India asking following relief:-

(i) To issue a writ in the nature of certiorari quashing the notification issued u/s 4(1) of the Land Acquisition Act 1894 (L.A.Act) dated 14.6.1978 whereby the land of the petitioner was said to be acquired and further notification u/s 6 was issued on 22.7.1978 (Annexure P-3);

(ii) Call for the records and proceedings of Appeal Case No.0044/Appeal/2021-22 from the file of learned respondent No.2, Case No.057/Appeal/2021-2022 from the file of learned respondent No.5 and Case No.518/B121/2020-21 from the file of learned Court of respondent No.6 for their perusal;

(iii) To issue a writ in the nature of certiorari quashing the impugned order dated 25.11.2021 (Annexure-P/15) passed by the Court of Additional Collector, DistrictChhindwara in Revenue Case No.0044/Appeal/2021-22 and order dated 16.8.2021 (Annexure P-13) passed by the Court of respondent No.5 in Case No.057/Appeal/2021-2022 and order dated 12.7.2021 (Annexure P-11) passed by the Court of respondent No.6 in Case No.518/B-121/2020-21, the same being perverse, illegal, bad in law and passed without application of mind;

(iv) Direct the respondents No.3 & 4 to handover vacant and peaceful possession of petitioner’s cultivating agricultural fields admeasuring 0.202 HR covering an area 126.50 x 16 meters in Khasra No.298/1, admeasuring 0.752 HR and Khasra No.298/3, admeasuring 0.526 HR, Mouza-Ramakona, PH No.10/3, Tahsil Saunsar, District-Chhindwara, Madhya Pradesh, which land is encroached/used by respondents for construction/widening of Ramakona-Sawarni Road wrongfully without initiating acquisition process; or in the alternative

(v) Direct the respondent No.5 to initiate acquisition proceedings in respect of 0.202 HR land covering an area 126.50 x 16 meters in Khasra No.298/1, admeasuring 0.752 HR and Khasra No.298/3, admeasuring 0.526 HR, Mouza-Ramakona, PH No.10/3, Tahsil Saunsar, District Chhindwara, Madhya Pradesh which land is encroached/used by respondents for construction/widening of Ramakona-Sawarni Road wrongfully without initiating acquisition process and further be pleased to pass an award for fair compensation under the Act of 2013 therefore in accordance with law along with compensation for loss of standing crop and damages for depriving the petitioner from cultivating his said agricultural fields since the year 1977-78;

(vi) Allow the instant petition and saddle the cost on the respondents;

(vii) Grant any other relief and pass any suitable order, which this Hon’ble Court deems fit and proper in the fact and circumstances of the matter and in the interest of justice.

3. From the averments made in the petition and relief claimed therein, it is clear that the basic grievance of the petitioner is that despite acquiring his land by the respondents he has not been paid any compensation. It is also claimed that the land of the petitioner though used by the respondents but no proceeding of acquisition initiated and compensation has also not been paid to him. Therefore, the petitioner is claiming that by issuing appropriate direction either his land be returned to him or adequate compensation be paid to him.

4. The respondents have filed their reply and denied the claim of the petitioner. In additional reply it is stated that the petition deserves to be dismissed on the ground of delay and laches and also that the land for which claim is being raised belongs to State as the same was recorded in the name of State in the revenue record and if any ownership on the said land is being claimed by the petitioner, he should have filed a civil suit, sought proper declaration and then claim compensation for the said land.

5. Although, considering the pleading of the parties several disputed facts are involved and to reach a final outcome of the petition, it is app