Mehtab Singh vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
nd
ON THE 2 OF NOVEMBER, 2026
WRIT PETITION No. 23263 of 2025
CNR No.: MPHC030155512025
MEHTAB SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri N K Gupta- Senior Advocate along with Shri Yashasvi Pratap
Singh Rathore- Advocate for the petitioner.
Shri Gaurav Mishra- Advocate for respondent No.4/Municipal
Corporation.
Smt. Monika Mishra - Government Advocate for State.
ORDER
This petition under Article 226 of the Constitution of India has been
preferred by the petitioner seeking the following relief(s):-
"7. (i) That, to issue an appropriate writ, order or direction
thereby commanding the respondents to initiate proper acquisition
proceedings under the law in respect of the land taken from the
petitioner.
(ii) That, direct the respondents to pay compensation to the
petitioner for the land taken from him, in accordance with
prevailing market rates and the Land Acquisition Act.
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 11/3/2026
12:42:34 PM

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(iii) That, in the alternative, direct the respondents to allot

equivalent land to the petitioner in exchange for the land taken.
(iv) That, pass any other or further order as this Hon'ble
Court may deem fit and proper in the facts and circumstances of
the case, in the interest of justice."
2. It is submitted by learned counsel for the petitioner that the
petitioner is the recorded owner of the land bearing Survey No. 2227
admeasuring 0.188 hectare situated in Village Gospura, Gwalior, which was
succeeded by him from his father. It is further submitted that, in the year
1994, respondent No.3 issued a notice dated 09.06.1994 informing the
petitioner that a part of his land was required for laying a sewer line and that
acquisition proceedings had been initiated by the Collector, District Gwalior,
with an assurance that compensation would be paid as determined by the
Collector. However, despite the aforesaid notice and subsequent
representations made by the petitioner, neither have the acquisition
proceedings been brought to their logical conclusion nor has any
compensation been determined or paid to him. It is also submitted that the
petitioner has been deprived of the use and enjoyment of his land for a
considerable period without payment of compensation.
3. Learned counsel, therefore, submits that the petitioner intends to
submit a detailed representation before respondent No.2/Collector, District
Gwalior, along with all relevant documents, seeking appropriate action in
respect of the land utilized for laying the sewer line, either by granting lawful
compensation for the land so utilized or by allotting equivalent land in
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 11/3/2026
12:42:34 PM

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exchange thereof. Thus, it is prayed that respondent No.2 be directed to

consider and decide such representation within a stipulated period.
4. Learned counsel for the respondent/State submits that the State has
no objection if an appropriate direction is issued to the competent authority
for consideration and decision of the petitioner's representation in accordance
with law.
5. Heard learned counsel for the parties and perused the material
available on record.
6. Having considered the limited submissions advanced by learned
counsel for the parties, this Court finds it appropriate to dispose of the
present petition with a direction to the petitioner to submit a detailed
representation before respondent No.2/Collector, District Gwalior, along
with a copy of this order and all relevant supporting documents, within a
period of seven days from today, raising his grievance regarding non-
acquisition of the land bearing Survey No. 2227 admeasuring 0.188 hectare
situated in Village Gospura, Gwalior, or non-payment of compensation in
respect of the portion thereof utilized by the respondents for laying the sewer
line.
7. In the event such representation is submitted, respondent
No.2/Collector, District Gwalior, shall examine the grievance of the
petitioner, particularly with regard to the alleged utilization of his land
without completion of acquisition proceedings and without payment of
compensation, and shall ascertain whether the land in question has already
been acquired and whether any compensation has been determined or paid to
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 11/3/2026
12:42:34 PM

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the petitioner. If the acquisition proceedings have not been completed or

compensation has not yet been paid, respondent No.2 shall take an
appropriate decision in accordance with law, including consideration of the
petitioner's claim for payment of lawful compensation or allotment of
equivalent land in exchange, as may be permissible under the applicable law.
The aforesaid exercise shall be undertaken after affording due opportunity of
hearing to the petitioner and all other concerned parties, and by passing a
reasoned and speaking order, within a period of four weeks from the date of
receipt of the representation.
8. It is made clear that this Court has not expressed any opinion on the
merits of the claim of the petitioner, and the competent authority shall
independently examine and decide the representation strictly in accordance
with law.
9. With the aforesaid directions, the petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
VJ

Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 11/3/2026
12:42:34 PM