IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 6 OF DECEMBER, 2022 WRIT PETITION No. 22166 of 2022 BETWEEN:-

YESHWANT S/O RAMKRISHNA VYAS, AGED ABOUT 50 YEARS, OCCUPATION: BUSINESS R/O 2/1 CHOUBIS KHAMBA MARG GALI NO. 3 BEHIND BADE GANESH MANDIR, UJJAIN (MADHYA PRADESH)

.....PETITIONER (SENIOR ADVOCATE SHRI A. S. KUTUMBALE APPEARED FOR THE PETITIONER WITH SHRI BALDEEP SINGH GANDHI, COUNSEL FOR THE PETITIONER)

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

2. DEPUTY DIRECTOR DIRECTORATE OF TOWN AND COUNTRY PLANNING PARYAVARAN PARISAR, E-5 ARERA COLONY BHOPAL (MADHYA PRADESH)

3. COLLECTOR CUM EX OFFICIO DEPUTY SECRETARY COLLECTOR OFFICE UJJAIN (MADHYA PRADESH)

4. LAND ACQUISITION OFFICER AND SUB DIVISIONAL OFFICER REVENUE UJJAIN (MADHYA PRADESH)

5. ADMINISTRATOR AND ADDITIONAL DISTRICT MAGISTRATE SHRI MAHAKALESHWAR MANDIR PRABANDHAN SAMITI UJJAIN (MADHYA PRADESH)

6. UJJAIN SMART CITY LIMITED THROUGH ITS CHIEF EXECUTIVE OFFICER MELA KARYALAYA KOTHI PALACE UJJAIN (MADHYA PRADESH)

.....RESPONDENTS ( SHRI MANISH NAIR , LEARNED DY. ADVOCATE GENERAL. SHRI DEEPTANSHU SHUKLA, LEARNED COUNSEL FOR THE RESPONDENT [R-5].

WRIT PETITION No. 22167 of 2022 BETWEEN:-

1. TILAK S/O SUDARSHAN VYAS, AGED ABOUT 43 YEARS, OCCUPATION: PUROHIT 1/4 CHOUBIS KHAMBA MARG, GALI NO. 3, BEHIND BADE GANESH MANDIR UJJAIN (MADHYA PRADESH)

2. KESHAV S/O SAKET VYAS, AGED ABOUT 23 YEARS, OCCUPATION: STUDENT 1/3 CHOUBIS KHAMBA MARG GALI NO. 3 BEHIND BADE GANESH MANDIR UJJAIN (MADHYA PRADESH)

3. VINOD S/O SATYANARAYAN VYAS, AGED ABOUT 71 YEARS, OCCUPATION: PUROHIT 1/2 CHOUBIS KHAMBA MARG GALI NO. 3 BEHIND BADE GANESH MANDIR UJJAIN (MADHYA PRADESH)

.....PETITIONER (SENIOR ADVOCATE SHRI A. S. KUTUMBALE APPEARED FOR THE PETITIONER.SHRI BALDEEP SINGH GANDHI, LEARNED COUNSEL FOR THE PETITIONERS .

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY REVENUE DEPARTMENT VALLABH BHAWAN, MANTRALAYA, BHOPAL (MADHYA PRADESH)

2. DEPUTY DIRECTOR DIRECTORATE OF TOWN AND COUNTRY PLANNING PARYAVARAN PARISAR, E-5 ARERA COLONY BHOPAL (MADHYA PRADESH)

3. COLLECTOR CUM EX OFFICIO DEPUTY SECRETARY COLLECTOR OFFICE UJJAIN (MADHYA PRADESH)

4. LAND ACQUISITION OFFICER AND SUB DIVISIONAL OFFICER REVENUE UJJAIN (MADHYA PRADESH)

5. ADMINISTRATOR AND ADDITIONAL DISTRICT MAGISTRATE SHRI MAHAKALESHWAR MANDIR PRABANDHAN SAMITI UJJAIN (MADHYA PRADESH)

6. UJJAIN SMART CITY LIMITED THROUGH ITS CHIEF EXECUTIVE OFFICER MELA KARYALAYA KOTHI PALACE UJJAIN (MADHYA PRADESH)

.....RESPONDENTS ( SHRI SHRI MANISH NAIR, LEARNED DY. ADVOCATE GENERAL.

SHRI DEEPTANSHU SHUKLA, LEARNED COUNSEL FOR THE RESPONDENT [R-5].

…..............................................................................................................

These petitions coming on for orders this day, the court passed the following:

ORDER

This order shall also govern to disposal of Writ Petition No.

22167/2022 as both the writ petitions have arisen out of the same impugned Award dated 24.8.2022 passed by the respondent No.4/Land Acquisition Officer Cum Sub-Divisional Officer (Revenue) Ujjain, District-Ujjain whereby, the respondent has acquired the land of the petitioners and also the house built over it along with other owners for the purposes of widening of road.

Shri A.S.Kutumbale, learned Senior counsel appearing for the petitioners has vehemently argued before this Court on the question of admission and it is submitted that the proceedings have been initiated in contravention of the provisions prescribed under the Right to Fiar Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred as “the Act of 2013”) and the objections raised by the petitioners have also not been properly dealt with in the impugned Award.

Shri Deeptanshu Shukla, learned counsel appearing for the respondent No.5/Administrator & Additional District Magistrate, Shri Mahakaleshwar Mandir Prabandhan Samity, Ujjain, has opposed the prayer a