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2024 Supreme(Online)(MP) 7251
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &
HON'BLE SHRI JUSTICE GAJENDRA SINGH ON THE 3rd JUNE, 2024 WRIT PETITION No. 30059 of 2023 BETWEEN:-
ROOPNARAYAN PATEL S/O LATE SHRI SATYANARAYAN PATEL, 1. AGED ABOUT 37 YEARS, OCCUPATION: AGRICULTURIST 154/2 ARYA SAMAJ MARG, MALIPURA UJJAIN (MADHYA PRADESH)
DILIP PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
2. YEARS, OCCUPATION: AGRICULTURIST 10, OM SHRI GURU KRIPA HI KEVALAM LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
SHUBHASH PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED
3. ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 10/1, OM SHRI KRIPA HI KEVALAM LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
SUNIL PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
4.
YEARS, OCCUPATION: AGRICULTURIST 10, LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
RADHESHYAM PATEL THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURUSHOTTAM, AGED
5. ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 10, LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
PREM PATEL THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
6.
YEARS, OCCUPATION: AGRICULTURIST 10 LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
Signature Not Verified JAGDISH PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
7.
YEARS, OCCUPATION: AGRICULTURIST 10, LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
RAMESHWAR PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED
8. ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 5 PATEL COLONY MALI MANDIR KE PAS MALIPURA UJJAIN (MADHYA PRADESH)
LAXMAN PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
9.
YEARS, OCCUPATION: AGRICULTURIST 10 MALIPURA UJJAIN (MADHYA PRADESH)
BHAGVAN PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
10.
YEARS, OCCUPATION: AGRICULTURIST 3, LAXMIBAI MARG GALI NO. 1 MALIPURA UJJAIN (MADHYA PRADESH)
TEJNARAYAN PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED
11.
ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 1, PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
KAILASH NARAYAN PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI
12. PURSHOTTAM, AGED ABOUT 47 YEARS, OCCUPATION:
AGRICULTURIST 1, PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
KULDEEP PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
13.
YEARS, OCCUPATION: AGRICULTURIST 1, PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
GAUTAM PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
14.
YEARS, OCCUPATION: AGRICULTURIST 1, PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
JITENDRA PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
15.
YEARS, OCCUPATION: AGRICULTURIST 10, MALIPURA UJJAIN (MADHYA PRADESH)
DHARMENDRA PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED
16.
ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 10/1 LAXMIBAI MARG MALIPURA UJJAIN (MADHYA PRADESH)
PINKESH PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
17.
YEARS, OCCUPATION: AGRICULTURIST 10/1 LAXMIBAI MARG GALI NO. 2 MALIPURA UJJAIN (MADHYA PRADESH)
Signature Not Verified SHUBHAM PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
18.
YEARS, OCCUPATION: AGRICULTURIST 10/1 LAXMIBAI MARG GALI NO. 2 MALIPURA UJJAIN (MADHYA PRADESH)
MOHANLAL PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED
19.
ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 10/1 LAXMIBAI MARG PATEL GALI UJJAIN (MADHYA PRADESH)
MAHESH PARMAR THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
20.
YEARS, OCCUPATION: AGRICULTURIST 10, LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
SANJAY PATEL THROUGH POWER OF ATTORNEY HOLDER RAMGOPAL S/O LATE SHRI PURSHOTTAM, AGED ABOUT 47
21.
YEARS, OCCUPATION: AGRICULTURIST 10 MALIPURA PATEL GALI UJJAIN (MADHYA PRADESH)
RAMGOPAL PATEL S/O LATE SHRI PURUSHOTTAM PATEL, AGED ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST 10, 22.
LAXMIBAI MARG PATEL GALI MALIPURA UJJAIN (MADHYA PRADESH)
.....PETITIONERS (SHRI AJAY MISHRA - ADVOCATE FOR THE PETITIONERS)
AND THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1. REVENUE DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
UNDER SECRETARY REVENUE DEPARTMENT VALLABH
2.
BHAWAN BHOPAL (MADHYA PRADESH)
COLLECTOR/LAND ACQUISITION OFFICER COLLECTOR
3.
OFFICE KOTHI MAHAL UJJAIN (MADHYA PRADESH)
COMMISSIONER MADHYA PRADESH HOUSING DEVELOPMENT
4. CORPORATION 3RD-4TH FLOOR BLOCK 3 PARYAVAS BHAVAN MOTHER TERESA ROAD BHOPAL (MADHYA PRADESH)
ASSISTANT COMMISSIONER MADHYA PRADESH HOUSING
5. BOARD BHARATPURI DEWAS ROAD UJJAIN (MADHYA PRADESH)
TEHSILDAR KOTHI MAHAL PALACE UJJAIN (MADHYA
6.
PRADESH)
SANJAY CONSTRUCTION THROUGH ITS OWNER F 4 FORTUNE
7.
PARK GULMOHAR COLONY BHOPAL (MADHYA PRADESH)
.....RESPONDENTS Signature Not Verified (SHRI SUNIL JAIN - SENIOR ADVOCATE WITH SHRI KUSHAGRA JAIN -
ADVOCATE FOR THE RESPONDENT NO. 4 & 5.
(SHRI BHUWAN GAUTAM - GOVT. ADVOCATE FOR THE RESPONDENT/STATE)
(SHRI AYUSHMAN CHOUDHARY - ADVOCATE FOR THE RESPONDENT NO.7)
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Reserved on : 08.05.2024 Pronounced on : 03 06.2024 -------------------------------------------------------------------------------------
This petition having been heard and reserved for order coming on for pronouncement this day, Hon'ble Shri Justice S.A.
DHARMADHIKARI pronounced the following
Ajay Mishra,Advocate General
ORDER
With the consent of parties, matter is heard finally.
The present petition has been filed challenging the illegal tender(Annexure P-9) issued by the Housing Board for construction of houses, building etc and construction raised by respondent no. 7 on the basis of tender issued by Madhya Pradesh Housing Board.
Chequered History
2. Petitioners are agriculturists and owners of land bearing Survey No. 38/min-1 admeasuring 0.844 hectare , 38/min-2 admeasuring 2.144 hectare and 42/4 admeasuring area 0.105 i.e. a total admeasuring area 3.093 hectare of land situated at Village Goyla Khurd, Teh. & Distt. Ujjain. The land in question was initially recorded in the name of Late Shri Omkar Lal and the present petitioners are the legal heirs of Late Shri Omkar Lal.
Land Acquisition
3. The said land was acquired by the Land Acquisition Officer proposed to acquire the private land of petitioners in the year 1997.
Signature Not Verified The land in question was shown to be acquired for the scheme of M.P. Housing Board for construction of old age home at Ujjain.
4. The land Acquisition Officer has passed an order dated 15.04.2005 to the effect that the scheme for which the land in question was acquired was valid till 21.09.2003 and therefore, the same stood lapsed. The Commissioner, Ujjain has issued letter dated 03.10.2005 verifying the said fact that the scheme was lapsed and if the land is required, then fresh proposal be passed. Thereafter, the Collector/Land Acquisition Officer has again passed an order on 31.10.2006 to review the aforesaid order. However, no compensation for the aforesaid Land Acquisition was ever received by the petitioners.
Litigation
5. Petitioners have filed W.P. No. 2032/2001 challenging the validity of notification issued under Section 4 and 6 of the Land Acquisition Act, 1894[referred to as 'the Act of 1894' hereinafter] which was dismissed vide order dated 03.11.2004. Against the said order, L.P.A. No. 409/2004 was filed which also stood dismissed vide order dated 23.11.2004. Thereafter, SLP No. 26275/2004 was filed which stood dismissed vide order dated 21.10.2005.
6. Thereafter against these, various proceedings were initiated and ultimately an application was preferred before the respondent no.1 on 25.07.2014 for exonerating the land of petitioners from acquisition as the new Land Acquisition Act came into force. The Revenue Department accepted the application and issued letter dated 06.12.2014 directing to mutate the name of petitioners in the revenue records. Pursuant to the said letter, directions were sought by the Collector, Ujjain and an order dated 24.06.2016 was passed cancelling the order by which the land was exonerated.
Signature Not Verified
7. Being aggrieved by the said order dated 24.06.2016, petitioners filed W.P. No. 7479/2016 which is pending.
8. The Housing Board [referred to as 'the Board'] has issued tender in the month of August and September, 2023 for the project 'Shivangi Parisar' for construction of commercial building and houses. The tender was allotted to respondent no.7. Petitioners thereafter approached the State Government who has passed the order datd 11.10.2023 wherein land of petitioners was exonerated and declared free from acquisition and it was directed to the Collector to mutate the name of petitioners in the revenue records. Pursuant to the said order of State Government, petitioners have approached the revenue department for mutation of their names in the revenue records, but the revenue authorities are not mutating the name of petitioners. The Board after getting knowledge of said letter in connivance with the contractor has started the construction work day in and day out in haste. Faced with the said situation, petitioners approached the State Government for restraining the respondents from raising construction. Taking note of the situation, the Collector issued direction vide letter dated 24.11.2023. Petitioners have also submitted representations alongwith all orders to the
