Madhya Pradesh High Court
Dev Dutt vs The State Of Madhya Pradesh on 26 September, 2014
W.P. No.11218/2011 26.9.2014
Shri R.N. Dwivedi, learned counsel for the petitioner.
Heard on admission.
Order dated 11.2.2010 passed by Collector, Satna on an application under Section 247 M.P. Land Revenue Code, 1959, filed by the petitioner seeking fixation of compensation in lieu of grant of Mining lease of private land is being questioned on the ground that the valuation of the land in question has not been properly done.
It is not in dispute that, the land belonging to petitioner has been leased out for 20 years.
Sub-section (4) of Section 247 of 1959 Code stipulates that if in exercise of the right referred to in sub-sections (1), (2) and (3) of Section 247, the rights of any person are infringed by the occupation or disturbance of the surface of such land, the government or its assignee shall pay to such persons compensation for such infringement and the amount of such compensation shall be calculated by the Sub Divisional Officer or, if his award is not accepted, by the Civil Court, as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894.
In the case at hand evident it is from the impugned order that the same has been passed in purported exercise of power under Sections 247 (4) of 1959 Code. And as per said sub-section, the petitioner if not satisfied with the quantum of compensation has a remedy before Civil Court, where they can lead evidence to establish the claim for enhanced compensation.
In view whereof, petition is disposed of with the liberty to the petitioner to avail remedy before Civil Court, subject to the law of limitation. No costs.
(SANJAY YADAV) JUDGE Vivek Tripathi