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2024 Supreme(Online)(MP) 5673

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 22nd OF MAY, 2024

REVIEW PETITION No. 308 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

MADANLAL S/O SHRI SIDDHULAL JAISW

AL,

OCCUPATION:

AGRICULTURE

R/O

VILLAGE

BAIRAGARH, TEHSIL DISTT. DEW

AS (MADHY

A

PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE).

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1])

REVIEW PETITION No. 309 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

BRIJBAHADUR SINGH S/O MANOHAR SINGH,

AGED

ABOUT

46

YEARS, OCCUPATION:

AGRICULTURE, VILLAGE BAIRAGARH, TEHSIL

AND

DIST.

DEW

AS

(MADHY

A

PRADESH)

BANGLOW

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL MP (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1]

REVIEW PETITION No. 310 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION, UNIT B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

GULJAR SHAH S/O PIRASHAH FAKIR, AGED

ABOUT 65 YEARS, OCCUPATION: AGRICULTURIST

R/O VILLAGE HA

W

ANKHEDI TEHSIL DEW

AS

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

TRIBUNAL

COLLECTOR

OFFICER DEWAS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1]

REVIEW PETITION No. 311 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION UNIT B-21/9

MAHANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

DECEASED BHANW

ARSINGH THROUGH LRS.

ISHW

AR SINGH S/O BHANW

AR SINGH, AGED

ABOUT 46 YEARS, OCCUPATION: AGRICULTURE,

R/O BIRAGARH, TEHSIL AND DISTT. DEW

AS

(MADHYA PRADESH)

2.

DECEASED BHANW

ARSINGH THROUGH LRS.

USHA D/O BHANW

AR SINGH, AGED ABOUT 44

YE A R S , OCCUPATION:

AGRICULTURE,

R/O

BAIRAGARH, TEH. AND DIST. DEW

AS (MADHY

A

PRADESH)

3.

DECEASED BHANW

ARSINGH THROUGH LRS.

SUPAL D/O BHANW

AR SINGH, AGED ABOUT 42

Y E A R S , OCCUPATION:

AGRICULTURE

BAIRAGARH, TEH. AND DIST. DEW

AS (MADHY

A

PRADESH)

4.

DECEASED BHANW

ARSINGH THROUGH LRS.

ASHA D/O BHANW

AR SINGH, AGED ABOUT 40

Y E A R S , OCCUPATION:

AGRICULTURE

BAIRAGARH, TEH. AND DIST. DEW

AS (MADHY

A

PRADESH)

5.

DECEASED BHANW

ARSINGH THROUGH LRS.

RAJPAL S/O BHANW

AR SINGH, AGED ABOUT 38

Y E A R S , OCCUPATION:

AGRICULTURE

BAIRAGARH, TEH. AND DIST. DEW

AS (MADHY

A

PRADESH)

6.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

7.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 312 of 2024

BETWEEN:-

NATIONAL HIGHW

AYS AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

SAHIDA BEE W/O BABU SHAH, AGED ABOUT 60

YEARS, OCCUPATION: AGRICULTURE VILLAGE

HA

W

ANKHEDI

DISTT.

DEW

AS

(MADHY

A

PRADESH)

2.

STATE

OF

MADHY

A

PRADESH

PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL MP (MADHYA PRADESH)

3.

ARBITRATOR NATIONAL HIGHW

AY

TRIBUNAL

COLLECTOR OFFICE DEW

AS (MADHY

A PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 313 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

((SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

SWY

AMV

ARLAL S/O PARASRAM, AGED ABOUT 64

YE A R S , OCCUPATION:

AGRICULTURE

VILL.

BANGAR, TEHSIL DEW

AS, DISTRICT DEW

AS

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 314 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

((SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

KSHIPRA REALCON L.L.P. THROUGH PARTNER

VIJAY

S/O ABHAY

CHAJLANI, AGED ABOUT 61

YEARS, OCCUPATION: BUSINESS, R/O 582 MG

ROAD LABH GANGA BUILDING DISTT.INDORE

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM , LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 315 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

KSHIPRA REALCON L.L.P. THROUGH PARTNER

VIJAY

S/O ABHAY

CHAJLANI, AGED ABOUT 61

YEARS, OCCUPATION: BUSINESS 582 M.G. ROAD

LABH,

GANGA

BUILDING,

DISTT.

INDORE

(MADHYA PRADESH)

2.

STATE

OF

MADHY

A

PRADESH

PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

ARBITRATOR NATIONAL HIGHW

AY

TRIBUNAL

COLLECTOR OFFICE DEW

AS (MADHY

A PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM , LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 316 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

GULJAR SHAH S/O PIRASHAH FAKIR, AGED

ABOUT 65 YEARS, OCCUPATION: AGRICULTURIST

R/O VILLAGE HA

W

ANKHEDI TEHSIL DEW

AS

(MADHYA PRADESH)

2.

TH E STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 317 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

SURESH S/O PARASRAM, AGED ABOUT 62 YEARS,

OCCUPATION:

AGRICULTURE

R/O

VILLAGE

BANGAR TEHSIL DEWAS (MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 318 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR IMPLEMENTATION UNIT B-21/9 MAHANDA

NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

KAILASH S/O PARASRAM, AGED ABOUT 58

Y E A R S , OCCUPATION:

AGRICULTURE

R/O

VILLAGE BANGAR, TEHSIL DEW

AS (MADHY

A

PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 319 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

BABU SHAH S/O PIRASHAH FAKIR, AGED ABOUT

70

YEARS, OCCUPATION: AGRICULTURE R/O

VILLAGE HA

W

ANKHEDI DISTT. DEW

AS (MADHY

A

PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

( SHRI BHUWAN GAUTAM, GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

REVIEW PETITION No. 320 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA NATIONAL

HIGHW

AYS AUTHORITY

OF INDIA B-21/9 MAHANANDA

NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

DILIP MORE S/O PRATAPRAO MORE, AGED

ABOUT 72 YEARS, OCCUPATION: AGRICULTURE,

R/O VILLAGE BANGAR TEHSIL DEW

AS (MADHY

A

PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 321 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR IMPLEMENTATION UNIT B-21/9 MAHANDA

NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

DECD. BHANW

ARSINGH THROUGH LRS. ISHW

AR

SINGH S/O BHANW

AR SINGH, AGED ABOUT 46

Y E A R S , OCCUPATION:

AGRICULTURE

R/O

BAIRAGARH DISTT. DEWAS (MADHYA PRADESH)

2.

DECD. BHANW

ARSINGH THROUGH LRS. USHA

D/O BHANW

AR SINGH, AGED ABOUT 44 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH, TEH.

AND DIST. DEWAS (MADHYA PRADESH)

3.

DECD. BHANW

ARSINGH THROUGH LRS. SUPAL

D/O BHANW

AR SINGH, AGED ABOUT 42 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH, TEH.

AND DIST. DEWAS (MADHYA PRADESH)

4.

DECD. BHANW

ARSINGH THROUGH LRS ASHA

D/O BHANW

AR SINGH, AGED ABOUT 40 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH, TEH.

AND DIST. DEWAS (MADHYA PRADESH)

5.

DECD. BHANW

ARSINGH THROUGH LRS RAJPAL

S/O BHANW

AR SINGH, AGED ABOUT 38 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH, TEH.

AND DIST. DEWAS (MADHYA PRADESH)

6.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

7.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1]

REVIEW PETITION No. 322 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

MEENAKSHI W/O BEIJBAHADUR SINGH, AGED

ABOUT 42 YEARS, OCCUPATION: HOUSEWIFE R/O

VILLAGE BAIRAGARH DISTT. DEW

AS (MADHY

A

PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 323 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

BABU SHAH S/O PIRASHAH FAKIR, AGED ABOUT

70

YEARS, OCCUPATION: AGRICULTURIST R/O

VILLAGE

HA

W

ANKHEDI,

TEHSIL

DEW

AS

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

REVIEW PETITION No. 324 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

LILABAI W/O SHRIKISHAN, AGED ABOUT 70

YEARS, OCCUPATION: HOUSEWIFE R/O 21 MOTI

BANGLOW MAIN BANGLOW MAIN ROAD DEW

AS

(MADHYA PRADESH)

2.

RAJENDRA S/O SHRIKISHAN, AGED ABOUT 62

YEARS, OCCUPATION: AGRICULTURE 21, MOTI

BANGLOW MAIN BANGLOW, MAIN ROAD DEW

AS

(MADHYA PRADESH)

3.

VINOD S/O SHRIKISHAN, AGED ABOUT 60 YEARS,

OCCUPATION:

AGRICULTURE

21, MOTI

BANGLOW MAIN BANGLOW, MAIN ROAD DEW

AS

(MADHYA PRADESH)

4.

PRADEEP S/O SHRIKISHAN, AGED ABOUT 55

YEARS, OCCUPATION: AGRICULTURE 21, MOTI

BANGLOW MAIN BANGLOW MAIN ROAD DEW

AS

(MADHYA PRADESH)

5.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-4].

REVIEW PETITION No. 325 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

GULJAR SHAH S/O PIRASHAH FAKIR, AGED

ABOUT 65 YEARS, OCCUPATION: AGRICULTURE

R/O VILLAGE HA

W

ANKHEDI TEHSIL DEW

AS

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 326 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

KSHIPRA REALCON L.L.P. THROUGH PARTNER

VIJAY

S/O ABHAY

CHAJLANI, AGED ABOUT 61

YEARS, OCCUPATION: BUSINESS 582 M.G. ROAD

LABH

GANGA

BUILDING

DISTT.

INDORE

(MADHYA PRADESH)

2.

STATE

OF

MADHY

A

PRADESH

PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

ARBITRATOR NATIONAL HIGHW

AY

TRIBUNAL

COLLECTOR OFFICE DEW

AS (MADHY

A PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM , LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE).

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 327 of 2024

BETWEEN:-

NATIONAL HIGHW

AYS AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

GULJAR SHAH S/O PIRASHAH FAKIR, AGED

ABOUT

65

YEARS, OCCUPATION:

AGRICULTURIST, R/O VILLAGE HA

W

ANKHEDI

TEHSIL DEWAS (MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 328 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA NATIONAL

HIGHW

AYS AUTHORITY

OF INDIA B-21/9 MAHANANDA

NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

DINESH S/O PARASRAM, AGED ABOUT 54 YEARS,

OCCUPATION:

AGRICULTURE

R/O

VILLAGE

BANGAR TEHSIL DEWAS (MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

A

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 329 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA THROUGH

PROJECT DIRECTOR IMPLEMENTATION UNIT, B-21/9

MAHANANDA NAGAR, UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

DECD. BHANW

ARSINGH THROUGH LRS. ISHW

AR

SINGH S/O BHANW

AR SINGH, AGED ABOUT 46

YEARS, OCCUPATION: AGRICULTURE VILLAGE

BAIRAGARH TEHSIL AND DIST. DEW

AS (MADHY

A

PRADESH)

2.

DECD. BHANW

ARSINGH THROUGH LRS. USHA

D/O BHANW

AR SINGH, AGED ABOUT 44 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH TEH.

AND DIST. DEWAS (MADHYA PRADESH)

3.

DECD. BHANW

ARSINGH THROUGH LRS. SUPAL

D/O BHANW

AR SINGH, AGED ABOUT 42 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH TEH.

AND DIST. DEWAS (MADHYA PRADESH)

4.

DECD. BHANW

ARSINGH THROUGH LRS. ASHA

D/O BHANW

AR SINGH, AGED ABOUT 40 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH TEH.

AND DIST. DEWAS (MADHYA PRADESH)

5.

DECD. BHANW

ARSINGH THROUGH LRS. RAJPAL

S/O BHANW

AR SINGH, AGED ABOUT 38 YEARS,

OCCUPATION: AGRICULTURE BAIRAGARH TEH.

AND DIST. DEWAS (MADHYA PRADESH)

6.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

7.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOBVT. ADVOCATE FOR THE

RESPONDENT/STATE))

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 330 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR IMPLEMENTATION UNIT B-21/9 MAHANDA

NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

SUMITRA BAI W/O Y

ASHPAL SINGH, AGED ABOUT

61 YEARS, OCCUPATION: BUSINESS R/O 582 M.G.

ROAD LABH GANGA BUILDING DISTT. INDORE

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

ARBITRATOR NATIONAL HIGHW

AY

TRIBUNAL

COLLECTOR OFFICE DEW

AS (MADHY

A PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 331 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

KSHIPRA REALCON L.L.P. THROUGH PARTNER

VIJAY

S/O ABHAY

CHAJLANI, AGED ABOUT 61

YEARS, OCCUPATION: BUSINESS R/O 582 M.G.

ROAD LABH GANGA BUILDING DISTT. INDORE

(MADHYA PRADESH)

2.

STATE

OF

MADHY

A

PRADESH

PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN BHOPAL (MADHYA PRADESH)

3.

ARBITRATOR NATIONAL HIGHW

AY

TRIBUNAL

COLLECTOR OFFICE DEW

AS (MADHY

A PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 332 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

IQBAL SHAH S/O GULJAR SHAH, AGED ABOUT 40

Y E A R S , OCCUPATION:

AGRICULTURE

R/O

VILLAGE

HA

W

ANKHEDI

TEHSIL

DEW

AS

(MADHYA PRADESH)

2.

THE STATE OF MADHY

A PRADESH PRINCIPAL

SECRETARY

REVENUE DEPARTMENT VALLABH

BHAWAN, BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

REVIEW PETITION No. 333 of 2024

BETWEEN:-

NATIONAL HIGHW

AY

AUTHORITY

OF INDIA PROJECT

DIRECTOR

IMPLEMENTATION

UNIT

B-21/9

MAHANANDA NAGAR UJJAIN (MADHYA PRADESH)

.....PETITIONER

(SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI

MITESH JAIN, LEARNED COUNSEL FOR THE PETITIONER)

AND

1.

BHAGW

AN SINGH S/O TAKE SINGH, AGED ABOUT

65

YEARS, OCCUPATION: AGRICULTURE R/O

VILLAGE BAIRAGARH DISTT.DEW

AS (MADHY

A

PRADESH)

2.

STATE

OF

MADHY

A

PRADESH

PRINCIPAL

SECRETARY

REVENUE DEPARTMENT V

ALLABH

BHA

W

AN

BHOPAL PANCHAY

AT AND RURAL

DEVELOPMENT

DEPARTMENT

MANTRALAY

A

VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

3.

THE

ARBITRATOR

NATIONAL

HIGHW

AY

T R I B U N A L COLLECTOR

OFFICE,

DEW

AS

(MADHYA PRADESH)

.....RESPONDENTS

(SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE

RESPONDENT/STATE)

(SHRI RAVINDRA KUMAR TRIVEDI, LEARNED COUNSEL FOR THE

RESPONDENT [R-1].

This petition coming on for admission. this day, Justice Sushrut

Arvind Dharmadhikari passed the following:

Advocates:
Mitesh Jain,

ORDER

Heard finally with the consent of both the parties.

This order shall also govern disposal of aforesaid Review Petitions bearing Nos.309/2024, 310/2024, 311/2024, 312/2024, 313/2024, 314/2024, 315/2024, 316/2024, 317/2024, 318/2024, 319/2024, 320/2024, 321/2024, 322/2024, 323/2024, 324/2024, 325/2024, 326/2024, 327/2024, 328/2024, 329/2024, 330/2024, 331/2024, 332/2024 and 333/2024. Regard being had to the similitude of the controversy involved in the aforesaid petitions, they have been heard analogously and disposed of by this common order.

2. For the sake of convenience, facts of Review Petition No. 308/2024 are taken up for consideration.

3. This review petition under Order 47 Rule 1 of CPC has been filed challenging the order dated 13.02.2024, passed in W.P. No.22500/2023 and in other connected writ petitions whereby the writ petitions have been allowed.

4. Facts in nutshell are that petitioner's/respondent land bearing Survey No.1317 admeasuring 0.652 hectare situated in Village Bairagah, Tehsil and District Dewas was acquired by the National Highway Authority of India(referred to as "NHAI") for proposed new National Highway Link Road connectivity(Dewas By-Pass Division) development, four laning and widening. Notifications were issued and an award was passed by the competent authority i.e. the Sub Divisional Officer(Revenue) on 15.10.2020. The petitioner/respondent submitted an application u/S 3(G)(5) of the National Highway Act, 1956(referred to as "the Act of 1956" hereinafter) before the Arbitrator i.e. the Additional Collector, Dewas which was decided by order dated 31.10.2022 after hearing both the parties. Thereafter, the appellant/NHAI preferred an application u/S 34 of the Arbitration and Conciliation Act before the District Judge, Dewas which was withdrawn on 13.02.2023. Subsequently, the respondent/Collector, Dewas issued notice to the petitioner/respondent for reviewing the award dated 31.10.2022 passed by the Additional Collector in the light of the order passed by the Dy. Secretary, Revenue Department, State of M.P. dated 28.11.2022 wherein all the Collectors, State of M.P. had been informed that powers delegated to the Collectors u/S 3(G) (5) of the Act of 1956 for Arbitration cannot be further delegated to Additional Collector or any other subordinate. Thereafter, the Collector, Dewas issued an order dated 29.11.2022 directing the Additional Collector to produce all the cases decided by him u/S 3(G)(5) of the Act of 1956 for review of the award so passed and also issued notice to the petitioner/respondent. The petitione/respondent appeared before the respondent/Collector u/S 16 of the Arbitration and Conciliation Act, 1996(referred to as "the Act of 1996" hereinafter) raising objection on the review of the order dated 31.10.2022. The Collector rejected the objection. Petitioner/responent preferred writ petition no.8351/2023 which was dismissed vide order dated 26.04.2023 with liberty to challenge the order by which application filed by the petitioner/respondent was dismissed.

5. Thereafter, the petitioners filed writ petition under Article 226 of the Constitution of India assailing the order dated 16.08.2023, passed by the Collector/Arbitrator, Dewas as well as the order dated 28.11.2022, passed by the Principal Secretary, State of M.P. The writ petition alongwith batch of petitions were finally decided vide order dated 13.02.2024, dismissing the writ petitions. Being aggrieved, the present review petitions have been filed.

6. Learned Senior Counsel for the petitioners contended that the order impugned in the writ petition dated 16.08.2023, passed by the respondent No.2 cannot be termed as a review as held by this Court while deciding the writ petition in as much as the order has been recalled for de novo hearing and decision in the light of Circular No.F-16-44/2021/7-2, Bhopal dated 28.11.2022. Secondly, the learned Senior Counsel contended that after passing of the impugned order, the petitio








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