MP HC Gives Collector 4 Weeks After Representation To Decide Gwalior Landowner’s Claim Over Plot Allegedly Used For Sewer Line Without Compensation

The petitioner claimed recorded ownership of Survey No. 2227, measuring 0.188 hectare, in Village Gospura, Gwalior.

He relied on a notice dated 9 June 1994 stating that part of the land was required for a sewer line and that acquisition proceedings had been initiated, with compensation to be determined by the Collector.

He alleged that acquisition had not been completed and no compensation had been determined or paid, despite representations.

The petitioner sought to submit a detailed representation to the Collector for compensation or equivalent land, and the State did not oppose a direction requiring consideration of that representation.

The petition was brought under Article 226 of the Constitution of India.

The Court applied the principle that a competent authority considering a claim concerning alleged use of land without completed acquisition or compensation must examine the relevant facts, afford an opportunity of hearing to the petitioner and other concerned parties, and issue a reasoned order in accordance with applicable law.

The Court cited no specific acquisition statute or precedent and expressed no view on the merits of the claim.

Given the limited submissions and the State’s lack of objection, the Court considered it appropriate to have the petitioner first place his grievance and supporting documents before the Collector.

The Collector was directed to determine whether the land had been acquired and whether compensation had been determined or paid. If acquisition remained incomplete or compensation unpaid, the Collector must decide the claim—including the request for lawful compensation or equivalent land, insofar as permissible under applicable law—after hearing the concerned parties and by a reasoned order.

The Court left the merits open for independent determination by the competent authority.

The petitioner was directed to submit his representation, with supporting documents and a copy of the order, to the Collector within seven days. The Collector must decide it within four weeks of receipt, following a hearing and by a reasoned and speaking order.

No opinion was expressed on the merits.