The Jabalpur Bench of Madhya Pradesh High Court on Thursday disposed of a writ petition filed seeking that due process of law should be followed if petitioner’s land is used for widening of the road.
The petitioner, Indrapal Patel, claims to be the owner of the land bearing Khasra No.171/2/1 admeasuring 0.076 Hectares situated at village Amadandi, Revenue Circle Kusedi, Maihar, District Satna. According to the petitioner, he was also owner of the land bearing Khasra No.171/2/2 admeasuring 0.07 Hectare which he had sold to one Chandra Prakash Gupta vide sale deed dated 12.07.2011. The aforesaid land, which the petitioner had sold to Chandra Prakash Gupta, was actually used by NHAI for widening the road. The compensation for that land was paid to Chandra Prakash Gupta.
Dharmendra Soni, the counsel for the petitioner, submitted that the Land Acquisition Officer had passed an order on 19.11.2020 without granting an opportunity of hearing to the petitioner inasmuch as contrary to the position on the ground that the land of Khasra No.171/2/2 admeasuring 0.070 Hectare was actually not affected by the widening of the road and yet the compensation of that land was paid to Chandra Prakash Gupta.
The Counsel for the petitioner further submitted that neither land bearing Khasra No.171/2/1 admeasuring 0.076 Hectare, belonging to Petitioner, has actually been acquired or used by Chandra Prakash Gupta has been used for widening of the road nor has the petitioner ever been paid compensation.
It was claimed by the Counsel of the Petitioner, that land bearing Khasra No. 171/2/1 admeasuring 0.076 Hectare was affected by the widening of the road and, therefore, directed that the compensation paid to Chandra Prakash Gupta may be recovered from him and be paid to Petitioner.
It was prayed by the Counsel that if the respondents decide to dispossess the petitioner from that land and make use of the same for the purpose of widening of the land, they should follow the due process of law.
The Division Bench of Chief Justice Mohammad Rafiq and Justice Fahim Anwar, while considering the Petition directed the Sub Divisional Officer (Revenue), Maihar/Land Acquisition Officer, within a period of one month, to make an on-the-spot survey of the land of both the petitioner and Chandra Prakash Gupta, by associating the Revenue Officers of the area in question, and in the presence of the petitioner as well as Chandra Prakash Gupta and also representative of National Highway Authority of India, to verify as to which of the land has actually been used for widening of the road and on that basis proceed to act upon the order dated 19.11.2020.
The Court also clarified that “if at all the respondents require the land of the petitioner for widening of the road, they shall follow the due procedure of law.”