The Madhya Pradesh High Court held ‘If it is found that concrete road is being constructed on any land belonging to the petitioner, then no further construction shall be carried out unless and until the property is acquired or purchased by negotiation’.
A farmer Suman Bai from village Bhouri Bangla, tehsil Huzur, district Bhopal filed petition to seek command to the respondent not to encroach the petitioners land in Khasra No.442/1/2 Gram Bhouri Tahsil Huzur, District Bhopal in name of widening of road without acquisition of land according to law, petitioner’s counsel Neelesh Kotecha said.
The petitioner sought direction to the respondent to take action on its representations.
The petitioner is land owner and Bhumiswami as well as in possession of Khasra No. 442/1/2 area 0.101 hectare. There is a road on eastern side of the land of the petitioner.
The respondents by encroaching upon some part of the petitioner’s land area making a new concrete road without acquiring the property of the petitioner. The petitioner cannot be deprived of his property in violation of his constitutional right as enshrined under Article 300-A of the Constitution of India.
Tahsildar, Huzur, District Bhopal is directed to carry out demarcation of Khasra No. 442/1/2 area 0.101 hectare as well as adjoining land to find out as to whether concrete road is being constructed over any part of the land of the petitioner or not, the court order said.
The petitioner as well as concerning authorities are directed to appear before the Tahsildar, Huzur, District Bhopal on 15.2.2024. On the said date, the Tahsildar, Huzur, District Bhopal shall constitute a team for carrying out demarcation on 23.2.2024. No further date shall be given to the parties and demarcation shall be conducted on 23.2.2024. If any of the parties fails to remain present at the time of demarcation, then the same shall be at his own cost, the court order said.
