Sunita Singh And Others vs State Of Madhya Pradesh And Others

Vishal Dhagat, J

Petitioners have filed this petition challenging order dated 15.12.2020 passed by Collector, Singrauli.

It is submitted by learned counsel for petitioners that Collector has issued an order by which mutation of Khasra No.196, Village Jhonkho, Tehsil

Chitrangi, District Singrauli was barred as there was notification under Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement, Act 2013 (hereinafter referred to as 'Act of 2013').

Learned counsel for petitioners submitted that initially notification for land acquisition was made on 15.12.2017. In said notification, land of petitioners

was not included. It is submitted that Collector, Singrauli has passed an order for amendment and publication of notice to include some other Khasra

numbers of revenue areas. In said amendment order, land of petitioners is also included. Amendment order was passed on 15.12.2020. Learned

counsel for petitioners submitted that petitioners had purchased the land on 23.7.2020. On date of purchase of land, there was no bar to make any

transaction in respect of land. Bar will operate only after publication of notification. Notification has yet not been published. On the date of transaction

there was no bar of Section 11(4) of Act of 2013, therefore, respondent no.3 Tehsildar, Chitrangi be directed to consider the application of petitioners

for mutation to correct the revenue records so that petitioners may get the benefit which may accrue to them on acquisition of their land.

Learned Panel Lawyer opposed the aforesaid prayer. It is submitted by him that there is bar on transaction of land as per Section 11(4) of Act of

2013.

Heard learned counsel for the parties.

Transaction was done by petitioners on 23.7.2020 before publication of notification and inclusion of their land in the notification, therefore, there was

no bar on date of transaction.

In view of aforesaid, this writ petition is allowed. Respondent no.3 is directed to consider the application of petitioners after hearing all the interested

persons and pass order as per law.

C.c as per rules.