JABALPUR, India, May 26 -- Madhya Pradesh High Court issued the following judgment/order on April 23:

The issue involved in these petitions is identical, therefore, they are heard analogously and decided by this common order. For the sake of convenience, fact are taken from W.P.No.11973/2014.

The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

1. To issue a writ in the nature of certiorari to quash the Notification dated 11.01.2008 which has been issued under Section 4(1) and 17(1) of the Land Acquisition Act, 1894 (Annexure P-1). 2. To issue a writ in the nature of mandamus to direct the respondents to declare the land acquisition proceedings initiated under the Land Acquisition Act, 1894, in respect of lands of Khasra no. 75, 84/1, 85/1, 86, 89/1, 90/1, 88/1area 0.399 Hect village -Anuppur, District -Anuppur, belonging to the petitioner, as lapsed in view of the "Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013"(Act 30 / 2013). 3. Any other relief which the Hon'ble Court thinks proper may kindly be granted

It is the case of the petitioners that the lands of the petitioners was acquired by the State Government for the purpose of construction of District Hospital and an award was passed on 06.12.2008 in favour of the affected persons and compensation has been determined.

It is submitted that vide order dated 20.05.2008 Annexure P/4, it was decided by the respondent/authority that the petitioners will be provided other suitable land in lieu of their lands. However, vide notice dated 20.10.2009, petitioners were directed to appear before the Land Acquisition Officer and receive the compensation for the acquired land.

It is submitted that after coming into effect of New Act i.e. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, if the physical possession of the lands are not taken or the compensation is not paid, in respect of the proceedings initiated under the Old Act, the entire proceedings initiated under the old Act shall be deemed to have been lapsed in view of Section 24(2) of the New Act.

It is submitted that in such situation when the land has not been acquired and the proposed District Hospital has been constructed somewhere else, the petitioners cannot be compelled to take compensation in lieu of their land and the respondent/authority is liable to give back the land of the petitioners.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2009/WP/14393/WP_14393_2009_FinalOrder_23-04-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.