State authorities must follow legal procedures for property acquisition, ensuring citizens' rights to legal remedies and compensation for unlawful dispossession, as stipulated under Article 300-A of the Constitution.

ORDER :

G.S. Ahluwalia, J.

This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

(i) call for the entire record pertaining to instant subject matter from the respondents;

(ii) the entire action on the part of the respondents to acquisition of petitioner's land be declared as void ab initio and the acquisition proceedings be declared as lapsed and possession of the land be restored in favour of the petitioner with costs which is quantified @ Rs.1000/- per day for illegal possession and unnecessary harassment;

(iii) alternatively, if the respondents want to acquire the subject land, they be directed to proceed afresh as per the provisions of section 29 and 30(2) and the first schedule appended to Act of 2013 and compensation be paid from the date of illegal possession of her land till restoration along with compensation @ Rs.1000/- per day for illegal possession till the proceedings are completed under 2013 Act.

(iv) Any other relief this Hon'ble Court deems fit/ proper, may also be granted to the petitioner with costs.

(v) The respondents be directed to deliver the peaceful possession of remaining area of Khasra No.52 situate at village Maharajpur except the area 0.271 Hectare on which the road has been constructed and exemplary compensation be granted for the unauthorized possession of the remaining area of the land as quantified In para 7(iii) herein above in the interest of justice.

2. It is the case of the petitioner that possession of land of petitioner was taken without acquiring the same and, therefore, this petition has been filed for the above-mentioned reliefs. Accordingly, on 23/9/2024, this Court had raised certain queries and in response of which, affidavit of Ms. Shivani Singh, SDM, Adhartal, Jabalpur was filed.

3. It is a case where the authorities are out and out to flout the law of land and are not ready to accept their mistake and are also not ready to obey the orders not only passed by different Courts including High Court but are also not ready to comply the order passed by their own predecessor i.e. Collector, Jabalpur.

4. In nutshell the facts are that a notification for acquisition of certain lands was issued but the land owned by the petitioner was not included in the notification issued under Section 6 of the LAND ACQUISITION ACT , 1894. Ultimately, the matter went to the District Court and 9^th Additional District Judge, Jabalpur by award dated 26.12.2001 passed in Reference No.1/98 held that as the land belonging to the petitioner was not included in the notification issued under Section 6 of the LAND ACQUISITION ACT , 1894, therefore, it cannot be held that the land belonging to the petitioner was acquired. Accordingly, it was directed that if the land owner has been dispossessed, then the possession should be restored back.

5. It appears that thereafter, W.P. No.380/2005 was filed by the petitioner which was disposed of by order dated 21.08.2006 with a direction to the Collector, Jabalpur to take up the issue and he was directed to take a decision as to whether the State Government is inclined to acquire the land or not and in case if it is dec