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TMI Blog2011 (9) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals. Thus, the same may be expunged. In the said appeals, a large number of factual and legal issues had arisen. However, this court was concerned with acquisition of land to the extent of 284.03 hectares falling in 5 villages named therein for the reason that the State authorities had taken a decision to abandon the land acquisition proceedings and not to conclude the same. Before the High Court the applicants had pleaded that order of the Authorities to abandon the proceedings was void ab- initio as possession of the land in dispute had already been taken. The High Court came to the conclusion that as the possession of the land in dispute had already been taken it was not permissible for the appellants herein to resort to the provisions of Section 48 of the Land Acquisition Act, 1894 (hereinafter called 1894 Act). 3. When the matter came in appeal before this Court, the factual controversy arose as to who was in actual physical possession of the land. The NBA had taken a stand that as the tenure holders of the said land had already been dispossessed the question of abandoning the land acquisition proceedings could not arise. The State authorities submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for the reason that the affidavit filed on behalf of `NBA' dated 1.7.2010 clearly provided that the order passed by the authorities dated 2.4.2009, not to acquire the land of the 5 villages was a nullity and void ab-initio because the possession of the land had already been taken in December 2007. 5. In pursuance of the said order, the District Judge, Indore videographed the entire land in dispute and recorded the statements of the tenure-holders in the presence of the representative of `NBA' and came to the conclusion that the tenure-holders were in actual physical possession of the said land. 6. The copy of the report along with CDs were supplied to the parties. They were given opportunity and they availed the same by filing objections thereto and advanced their arguments. It was after considering the same, the matter was decided, wherein finding has been recorded that as the report was prepared in presence of the representative of `NBA', the same was worth acceptance and it was in view thereof, further a finding was recorded that the claim made by the `NBA' regarding the physical possession of the land was not factually correct. The `NBA' had been af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suo moto or even on application of a party. However, there must be a ground for expunging as such remarks were not justified, or were without foundation, or were wholly wrong or improper and expunging thereof is necessary to prevent abuse of the process of the court or otherwise to secure the ends of justice. However, the court must bear in mind that such jurisdiction being of exceptional nature must be exercised only in exceptional cases. The cardinal principle of the administration of justice requires for proper freedom and independence of Judges and such independence must be maintained and Judges must be allowed to perform their functions freely and fairly and without undue interference by anybody, even by this Court. However, it is also equally important that in expressing their opinions the Judges must be guided by consideration of justice, fair play and restraint. It should not be frequent that sweeping generalisations defeat the very purpose for which they are made. Thus, it is relevant to consider: (a) whether the party whose conduct is in question is before the court or has an opportunity of explaining or defending himself; (b) whether there is evidence on recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se 5 villages of the oustees were acquired by notifications issued under the Land Acquisition Act, and the NVDA has now passed an order on 2.4.2009 saying that the land/property of these 5 villages shall not be acquired and the action taken till now be dropped as per the provisions of law.......The respondents, therefore, will have to provide all the rehabilitation benefits to the villagers of the 5 villages and for the purpose of rehabilitation, the order dated 2.4.2009 of the NVDA is of no consequence. The two IAs stand disposed of. 115. The appellants herein have raised an objection that the tenure holders of the said land are still in actual physical possession and they had never been evicted. However, on behalf of the respondent i.e. Narmada Bachao Andolan, Shri Alok Agrawal, Chief Activist of the organisation, has filed the counter affidavit dated 1.2.2010 before this Court, wherein it has specifically been mentioned as under: (a) ........ (b) The order dated 2.4.2009 as not to acquire the land of the five villages is a nullity and void ab initio because the possession of the lands has already been taken. The land has already vested in the State. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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