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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.Ahluwalia
Shashi Pandey – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. seeking relief for land acquisition disputes. (Para 2) |
| 2. court's observation on the state’s negligence and duty of care towards property rights. (Para 3 , 11) |
| 3. history of land dispossession and litigation. (Para 4 , 5 , 10) |
| 4. arguments on the condition of property acquisition. (Para 16 , 25 , 26) |
| 5. determination of entitlements for compensation established under constitutional provisions. (Para 18) |
| 6. introduction of legal proceedings regarding dispossession and expectations of compensation. (Para 20) |
| 7. conclusion enforces compensation and contempt proceedings against negligent authorities. (Para 41) |
| 8. constitutional rights related to property. (Para 43 , 46 , 55) |
| 9. significance of adherence to law in property deprivation cases. (Para 48) |
| 10. final order regarding compensation and costs. (Para 60 , 61 , 62) |
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 proceedin
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 court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
Writ under Article 226 maintainable to direct compensation for acquired land despite alternate remedies due to administrative inaction, enforcing Article 300A right to property with inferred compensa....
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
The State must comply with due process for land acquisition and compensate fairly; failure to follow procedures amounts to a constitutional violation.
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