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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Diwakar Prasad Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual context of acquisition and subsequent project abandonment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. contentions regarding delay, public purpose, and binding nature of employment agreements. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. dismissal of petition due to unexplained delay and laches in challenging acquisition. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 4. validity of land transfer for industrial public purpose following abandonment of initial project. (Para 28 , 29 , 30 , 31) |
| 5. dismissal of petition with advisory direction on employment facilitation. (Para 32 , 33) |
ORDER
Considering the similitude of the controversy involved in both the aforesaid cases, they have been heard analogously and are being decided by this common order. However, for the sake of convenience, the facts of WP No. 5244/2012 are being taken into consideration.
2. The petitioners have filed the present petition under Article 226 of the Constitution of India seeking following relief:-
I. This Hon'ble Court may kindly be pleased to issue writ of certiorari and declare the acquisition proceedings/Notification dated 24.10.1997 issued by respondent Nos. 1 to 3 with respe
Acquisition proceedings that have attained finality, with compensation paid and possession taken, cannot be challenged after a significant delay. Furthermore, the transfer of acquired land between st....
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
The court emphasized that challenging the acquisition proceeding through a writ petition, even with a delay of few months, is fatal and cannot be entertained. The court also highlighted the principle....
The court upheld that land acquisition for public purpose, as defined under the Land Acquisition Act, was valid despite petitioners' claims of private benefit and procedural violations.
Suppression of prior agreement waiving compensation for retained land in acquisition bargain constitutes unclean hands, barring writ relief for return or enhanced compensation; long-term leases for t....
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