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2021 Supreme(MP) 372

MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
Indrakala Agrawal – Appellant
Versus
State of M. P. – Respondent


Advocates:
Avinash Zargar for petitioners; Ankit Agrawal, Government
Advocate for respondents No. 1 and 2 /State; Mohan Sausarkar for respondent No.3.

ORDER

Shukla, J. -- 1. The present petition has been filed under Article 226 of the Constitution of India for quashing and setting aside of the award dated 1.6.2020 and for restoration of the original award dated 7.3.2019.

2. The facts of the case are that the industrial lands belonging to the petitioners and the industrial unit appurtenant thereto have been acquired by the respondents and an award granting compensation was passed on 7.3.2019. It is submitted that the compensation for the land has been assessed @ Rs.2700/- per square meter. This rate was based on relevant market value guidelines. After more than one year from the date of passing of the award, the respondent No.2 issued a notice to the petitioners on 18.3.2020. By the said notice, three days time was granted to the petitioners to submit their reply with regard to review of the award. The petitioners filed a detailed reply inter alia pointing out that there is no error in the award and that the respondent No.2 has become functus officio and thus he has no jurisdiction to review the award that too after lapse of more than a year. The respondent No.2 has reviewed the award and passed the impugned award and reduced the

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