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Madhya Pradesh High Court · body

2016 DIGILAW 265 (MP)

Ganga Prasad Dubey v. Union of India

2016-03-30

R.S.JHA

body2016
ORDER 1. Heard on the question of admission. 2. The petitioner has filed this petition stating that the respondent National Highway Authority of India has constructed N.H-26 converting it into a four lane road and while doing so have constructed the road on land belonging to the petitioner in excess of the land of Khasra Nos.128/1 and 128/2 of village Rajvas, Patwari Halka No.85, Tahsil Khurai, District Sagar acquired by them without paying any compensation for that land. In such circumstances, the petitioner by way of amendment in the petition has prayed that the respondent authorities be directed to pay compensation for the excess land utilized by them for construction of the National Highway. 3. The respondents have filed a return and have stated that the respondents have infact acquired part of Khasra Nos.128/1 and 128/2 by duly issuing the notification and that they have constructed the road on the land acquired by them and have not constructed the road on any land beyond the land of Khasra Nos.128/1 and 128/2 acquired by them. The respondents have also denied the documents filed by the petitioner, Annexures P-8 to P-14, wherein the revenue authorities, on the complaint of the petitioner have stated that the authorities have constructed the road on the land that was not acquired. 4. Having heard the learned counsel for the parties, it is apparent that there is serious dispute between the parties regarding the factual aspect of the matter in relation to the actual land acquired by the National Highway Authority of India and this factual dispute cannot be adjudicated or decided by this Court under Articles 226 and 227 of the Constitution of India. 5. In the circumstances, the petition filed by the petitioner is disposed of with a direction to the Collector, Sagar to look into the complaint of the petitioner and thereafter, after giving due opportunity of hearing to the petitioner and the respondent National Highway Authority of India and in the presence of all party concerned, undertake proper proceedings for demarcation as well as to determine as to whether the National Highway Authority of India has constructed the road on the land not acquired by them and if so, shall thereafter take appropriate steps for acquisition or payment of compensation to the petitioner in case so required. 6. 6. It is made clear and as undertaken by the petitioner also that he shall not create any hinderence in the construction of the Four Lane Road. However, it goes without saying that if it is found that certain land of the petitioner has been utilized by the National Highway Authority of India without paying compensation, they shall take appropriate steps in that regard in case the Collector records a finding against them. The aforesaid exercise be completed by the Collector, Sagar as early as possible, preferably within a period of three months from the date of funishing a certified copy of this order by the petitioner on the said authority. 7. With the aforesaid direction the petition filed by the petitioner stands disposed of.