Madhya Pradesh High Court
Union Of India vs Smt. Anopibai on 11 September, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 NATIONAL LOK ADALAT
F.A.No.588/2019
(Gajraj and another Vs. State of M.P.and others)
Indore : Dated 11.9.2021
Shri Sapnesh Jain, Ms. Poorva Mahajan, learned counsels for
the land owners.
Shri H.Y.Mehta and Shri Amitabh Upadhyay learned counsel
for the Union of India.
This order shall govern disposal of F.A.Nos.588/2019,
589/2019, 590/2019, 591/2019, 592/2019, 593/2019, 594/2019,
595/2019, 596/2019, 597/2019, 598/2019, 600/2019, 601/2019,
602/2019, 603/2019, 605/2019, 606/2019, 607/2019, 608/2019,
609/2019, 613/2019, 614/2019, 615/2019, 616/2019, 617/2019,
618/2019, 619/2019, 620/2019, 621/2019, 622/2019, 623/2019,
624/2019, 625/2019, 626/2019, 627/2019, 628/2019, 629/2019,
630/2019, 631/2019, 632/2019, 633/2019, 634/2019, 635/2019,
636/2019, 637/2019, 638/2019, 724/2019, 725/2019, 726/2019,
727/2019, 728/2019, 729/2019, 730/2019, 731/2019, 732/2019,
733/2019, 735/2019, 736/2019, 740/2019, 752/2019, 753/2019,
754/2019, 755/2019, 756/2019, 757/2019, 758/2019, 759/2019,
761/2019, 763/2019, 777/2019, 780/2019, 781/2019, 782/2019,
901/2019, 902/2019, 903/2019, 907/2019, 914/2019, 977/2019,
1026/2019, 1027/2019, 1028/2019, 1029/2019, 1030/2019,
1031/2019, 1032/2019, 1033/2019, 1034/2019, 1035/2019,
1036/2019, 1097/2019, 1099/2019, 1101/2019, 1102/2019,
2 NATIONAL LOK ADALAT
F.A.No.588/2019
(Gajraj and another Vs. State of M.P.and others)
1104/2019, 1105/2019, 1107/2019, 1109/2019, 1313/2019,
1314/2019, 1315/2019, 1317/2019, 1318/2019, 1319/2019,
1320/2019, 1321/2019, 1330/2019, 1331/2019, 1332/2019,
1333/2019 and 1337/2019.
Learned counsel for the parties submit this Court by a common
judgment dated 19.2.2019 has disposed of a bunch of First Appeals
lead case being F.A.No.664/2018 (Balaram Vs. State of M.P.and
others). The operative portion thereof reads as under :-
"In the instant case, the land is acquired for construction of
laying broad gauge railway track covering the route of
Dahod - Indore (Bastara-Dhar-Jhabua-Pithampur) and not
for industrial purpose. Therefore, the same rate of
deductions by way of development charges cannot be made;
as the purpose for which land is acquired is relevant and the
germane factor to work out the deductions from the
marketable value of the land acquired. However, looking to
the fact that the instant sale deed is of smaller plot (0.011
hectare) but, lands acquired for laying broad gauge railway
track are large areas (8.845 hectares), therefore, the
deduction of 33% for one hectare, i.e.,, out of
Rs.63,63,636/-; 20,99,999/- instead of 65% is held to be
reasonable to work out the saleable value for one hectare of
land i.e.,Rs.42,63,637/-. The aforesaid view finds support
from the judgment of the Hon'ble Supreme Court reported in
(2007) 9 SCC 447 Nelson Fernandes and others (supra)
wherein only 20% deduction was held reasonable for the said
purpose on similar facts and circumstances. The relevant part
of the judgment is quoted below:
3 NATIONAL LOK ADALAT
F.A.No.588/2019
(Gajraj and another Vs. State of M.P.and others)
"..... in view of the availability of basic civil amenities
such as school, bank, police station, water supply,
electricity, highway, transport, post, petrol pump,
industry, telecommunication and other business, the
claim of compensation should reasonably be fixed @
Rs.250 per sq. m with the deduction of 20%...."
Accordingly, the appellants/land owners are held entitled for
difference of amount of compensation to be worked out by
the competent authority. The entire exercise shall be
completed within twelve weeks from the date of production
of certified copy of order passed today by the land owners."
There is no dispute between parties that purpose of acquisition
of lands in question is also for laying of railway track in continuation
of railway track laid on lands involved in the aforesaid appeals of
adjacent/neighboring villages. The rate of deduction towards
development is restricted to 33% of the market value of the land
relying on the principles laid down by the Hon'ble Supreme Court in
the case of Nelson Fernandes and others Vs. Special Land
Acquisition Officer, (2007) 9 SCC 447. The same relief is being
sought by the claimants in this batch of appeals.
There is no dispute between parties that judgment of this Court
(supra) has attained finality as either party so far has not challanged
the same in appeal before higher forum, Hon'ble Supreme Court.
In view of the aforesaid, parties are in agreement that subject
matter of appeals under reference is same with appeals already
4 NATIONAL LOK ADALAT
F.A.No.588/2019
(Gajraj and another Vs. State of M.P.and others)
decided by this Court (supra) and, therefore, these appeals may be
disposed of on same terms and conditions.
This Court appreciates fairness on the part of the counsels for
the appellants and respondents in both nature of appeals in hand and
accordingly disposed of this batch of appeals in the light of the aforequoted judgment. The rate of deduction towards development charges shall be restricted to 33% of the market value determined by the Tribunal in all the appeals.
The Court fees be refunded after due verification in terms of Section 21(1) of the Legal Services and Authorities Act, 1987.
A copy of the order be retained in all the aforesaid connected appeals, listed today.
C.c.as per rules.
(Justice Rohit Arya) (Umesh Gajankush)
Member Member
Patil
Digitally signed by
SHAILESH PATIL
Date: 2021.09.15
15:03:30 +05'30'