IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

WRIT PETITION No.6656 of 2025

REKCHAND AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHER

Appearance:

Shri Sankalp Kochar - Advocate for the petitioners.

Shri Bhuwan Deshmukh – Government Advocate for the

respondents No.1 and 2/State.

Shri Bharat Singh – Advocate alongwith Shri Kaustubh

Pathak – Advocate for the respondent No.3.

___________________________________________________________

Reserved on : 18/12/2025

Post on : 12/01/2026

_______________________________________________________

O R D E R

The petitioners have approached this Court under Article 226

of the Constitution of India seeking following relief :-

―7.1 Allow this petition with costs and declare that the proceedings initiated under Old Land Acquisition Act have lapsed;

7.2 Allow Respondent to initiate fresh land acquisition proceedings, if so desired under the provisions of New Land Acquisition Act, 2013.

7.3 Allow this petition with costs.

7.4 Any other or further orders as deemed fit to this Hon’ble Court in the facts and circumstances of the case may kindly be passed in favour of the petitioners.‖

2. It is the case of the petitioners that they are the owners, occupiers and persons in possession of land situated at Village Nanakheda, Tehsil Kothi Mahal, District Ujjain comprising Survey Nos.657/2, 658/1/2, 658/2/2, and 658/3, admeasuring in total 1.723 hectares. The said land was sought to be acquired for Scheme No.23 framed by respondent No.3 - Ujjain Development Authority (UDA). The present writ petition has been filed through a duly executed Power of Attorney dated 10/02/2025. The petitioners’ ownership and possession are reflected in the Bhu Adhikar Evam Rin Pustika and continuous revenue records for more than ten years, which stand annexed. The petitioners assert that they remain in uninterrupted possession till date.

3. Records reveal that a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 16/02/1979, followed by a declaration under Section 6 dated 13/04/1979 for Scheme No.23. However, the subject land forming part of the present petition was not included in the Section 6 notification. Only certain other survey numbers belonging to the petitioners were covered under the acquisition proceedings. The exclusion of the subject land from the statutory declaration is clearly borne out from the notification placed on record.

4. Subsequently, a reference under Section 18 of the Land Acquisition Act, 1894 was decided on 19/12/1984, wherein the petitioners sought compensation even for the excluded land on the ground that it had become unusable. The Reference Court rejected this claim. Aggrieved thereby, First Appeals bearing Nos.40/1985 and 281/1985 were preferred before this Hon’ble Court. By order dated 15/09/1995, the appeals were allowed and the matter was remanded for fresh consideration. Upon remand, the Reference Court again declined to award compensation for the subject land by order dated 17/03/1998.

5. The dispute thereafter culminated in cross appeals, namely FA No.311/1998 filed by the Ujjain Development Authority and FA No.500/1998 filed by the petitioners. Both appeals were decided by this Court by a common order dated 27/07/2017. This Court categorically observed that the subject land was not included in the original award dated 21/04/1980, yet held the petitioners entitled to compensation restricted to Rs.80,000/-. The appeal filed by the Ujjain Development Authority was dismissed, whereas the appeal of the petitioners was allowed. Despite the said binding directions, the compensation has not been disbursed till date.

6. It is further stated that the petitioners continue to remain in actual possession of the land. In February 2025, officials of the District Administration allegedly attempted to measure the land, asserting that it stood acquired under Scheme No.23. Objections were raised by the petitioners. Invoking Section 24(2) of the Right to Fair Com