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VIVEK RUSIA
Gaura Devi – Appellant
Versus
State of M. P. – Respondent
ORDER
Petitioner’s case
1. The petitioner purchased a diverted land bearing Khashra No. 22/1/2/5 (3) area 0.405 hectares situated at Village Kumedi, Tehsil Sanwer, District-Indore vide registered sale-deed dated 25.3.2005. The younger son of the petitioner established an industry in the aforesaid land in the year 2008. Respondent No. 2 published a declaration of Scheme No. 169-A on 25.7.2008. A draft scheme under section 50(3) of M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 (hereinafter referred to as “the Adhiniyam”) was published inviting the objections of affected landowners. All the affected persons including the petitioner submitted objections. All the objections were rejected by passing an order dated 16.8.2010. Thereafter, a final scheme was published under section 50(7) of the Adhiniyam on 15.10.2010.
2. Being aggrieved by the order dated 16.8.2010, the petitioner filed a revision under section 51 of the Adhiniyam before the Revisional Authority in the year 2011. According to the petitioner, till date, neither the said revision is decided nor the scheme has been implemented. The petitioner approached this Court by way of W.P. No. 12637/2013 and vide order 21.10.2013, the writ
Interpretation of the word “implementation” occurring in Section 54 of the Adhiniyam.
Section 24(2) of Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of....
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Timely challenges are essential in land acquisition disputes; relief cannot be granted due to inordinate delay as established by the court's reaffirmation of the principle of laches.
Failure to demonstrate legal possession invalidates land acquisition; lapse of the acquisition scheme confirmed by statutory mandates.
Land acquisition proceedings under the 1894 Act lapse when both possession is not taken and compensation remains unpaid, as established in the Indore Development Authority case.
The State's power to acquire lands for a public purpose under relevant land acquisition laws and the court's discretion to allow fresh acquisition for distribution to identified beneficiaries.
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