Madhya Pradesh High Court
Mahavirprasad vs The State Of Madhya Pradesh on 8 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:35972
1 FA-743-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
ON THE 8 th OF DECEMBER, 2025
FIRST APPEAL No. 743 of 2018
MAHAVIRPRASAD AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr.Somesh Gobhuj, learned counsel for the appellants.
Mr.Vishwajit Joshi, learned Additional Advocate General with Ms.
Mridula Sen, learned Government Advocate for the respondent / State.
ORDER
The present appeal has been filed under Section 54 of the Land Acquisition Act, 1894 against the judgment passed by the II Additional District Judge, Shujalpur, District Shajapur in a proceeding instituted under Section 18 of the Land Acquisition Act, 1894.
2. It is admitted by both the parties that the present appeal arises out of acquisition proceedings concerning agricultural land situated in Gram Ramdi, Teh. Kalapipal, District Shajapur.
3. It is also not disputed that the land acquisition proceedings pertains to the same series of cases that were decided by this Court vide common order dated 04.04.2025 in F.A. No.741/2018 (Badriprasad vs. The State of Madhya Pradesh and Others) etc. The issue in the present case relates to the application of interest from the date of possession till the date of payment.
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 09-12-2025 18:07:09NEUTRAL CITATION NO. 2025:MPHC-IND:35972 2 FA-743-2018
4. While considering identical facts in the same acquisition proceedings, this Court has decided the issue in favour of the agriculturists / landowners as set out in paras 17 and 18 in the following manner :
"17. So far as the first appeals filed by the land owners are concerned, appellants therein are mainly aggrieved by non- grant of interest from the date of dispossession. Admittedly, these lands belonging to them were taken by the Government for the construction of the road without acquisition and compensation. They approached this Court by way of a writ petition complaining about acquisition and compensation as per law. Thereafter, the Government issued notifications under the Land Acquisition Act for the purpose of acquiring their lands. Therefore, though the notification under Section 4 of the Land Acquisition Act, 1894 was issued later on, they were dispossessed much before that hence, they are entitled to interest from the date of dispossession. This Court in case o f State of Madhya Pradesh V/s Garud Chaturvedi and others, 1996 MPLJ 1064, Land Acquisition Collector V/s Surjit Singh, 2018 AIR CC 2819 (HP) and State of M.P. and others V/s Shobha Bai Singh and others, ILR 2009 MP 1603 held that interest on compensation is liable to be paid from the date of dispossession not from the date of notification.
18. In view of the above, First Appeal Nos.741 of 2018, 742 of 2018 and 783 of 2018 filed by the land owners are allowed, and the impugned award is modified accordingly. The respondents are directed to recalculate the additional amount of interest from the date of possession till the date of notification and pay the same to the appellants within 90 days from today."
5. Learned Government Advocate, although attempted to demonstrate that interest cannot be granted from the date of acquisition / possession of the land, however, is not in a position to dispute the fact that this Court has already decided the issue in the cases related to same acquisition proceedings with respect to other landowners in the above-mentioned bunch of cases.
6. In view of the same, the present appeal stands allowed in accordance with the direction issued by this Court in para 18 of the above- mentioned order in the case of Badriprasad (Supra) . The respondents are Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 09-12-2025 18:07:09 NEUTRAL CITATION NO. 2025:MPHC-IND:35972 3 FA-743-2018 directed to recalculate the additional amount of interest from the date of possession till the notification and pay the same to the appellants within 90 days from the date of receipt of this order.
7. With the aforesaid, the present appeal stands disposed of. Certified copy as per rules.
(PAVAN KUMAR DWIVEDI) JUDGE Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 09-12-2025 18:07:09