Madhya Pradesh High Court
Karansingh And Anr. vs District Collector The State Of Madhya ... on 17 June, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 17th OF JUNE, 2022
FIRST APPEAL No. 1002 of 2010
Between:-
1. KARANSINGH AND ANR. S/O RAGHUNATH
SINGH OCCUPATION: AGRICULTURE
VILL.BARDARI,TEH.& DISTT.DHAR (MADHYA
PRADESH)
2. UMRAOSINGH S/O KANHAIYALAL VILLAGE
BARDARI, TEHSIL AND DISTSRICT DHAR
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI GHANSHYAM AGRAWAL - ADVOCATE)
AND
1. DISTRICT COLLECTOR THE STATE OF MADHYA
PRADESH AND ANR. GOVT. INDORE (MADHYA
PRADESH)
2. M.P. AUDHYOGIK KENDRA VIKAS NIGAM
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. VINITA PHAYE - GOVT. ADVOCATE FOR THE
RESPONDENT NO.1 AND SHRI LOKENDRA JOSHI - ADVOCATE
FOR THE RESPONDENT NO.2)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
With the consent of the parties, the appeal is heard finally. Heard on I.A. No.214/2022 which is an application for disposal of the Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI present appeal in terms of the order passed by the Apex Court in the bunch of Date: 2022.06.17 17:22:14 IST Special Leave Petition (civil) decided by the common judgment dated 2 08.09.2017 in Civil Appeal No.12060/2017 (Bherusingh vs. State of M.P. & Ors.).
T h e present appeal has been filed under Section 54 of the Land Acquisition Act, 1894. The respondent No.1-State of M.P. acquired the land of the appellants-Bhumiswamis along with other lands situated in village Kalibillod, Tehsil Depalpur, District-Indore for establishing special economic zone by the respondent No.2. The land acquisition officer offered compensation, however, the reference court dismissed the reference upholding the offer of the compensation be just and proper and, therefore, the appellants filed the present appeal.
Counsel for the appellants further submits that the present appeal be disposed off in terms of the order passed by coordinate Bench on 21.02.2022 in F.A. No.326/2011 (Babulal & Ors. vs. State of M.P. & Ors.).
The issue regarding grant of compensation to the land owners of villages Kheda and Bardari, Tehsil and District Dhar for acquisition of land by the District Trade and Industry Center, Pithampur, District Dhar for public purpose namely for establishment of “Special Economic Zone†in District Dhar has been decided on 14.05.2015 by this Court in F.A. No.444/2009 Shakuntalabai W/o Nandkishore V/s. State of M.P. and other connected appeals by which appeals of land owners were allowed in part. Against the aforesaid orders a bunch of Special Leave Petition were preferred before the Hon'ble Apex Court which have been decided by a common judgment dated 08.09.2017. The judgment in F.A. No.444/2019 Shakuntalabai (supra) was the subject matter of Civil Appeal No.12545/2017 Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.17 17:22:14 IST arising out of SLP (Civil No.38152/2016).
Since the issue involved in this appeal has already been decided by the 3 Hon'ble Apex Court in the matter of Shakuntalabai (supra) in bunch of Civil Appeals the main case of which was of Bherusingh V/s. State of M.P. and Another, Civil Appeal No.12060/2017 arising out of SLP (Civil) No.20910/2016, this appeal is also disposed off in terms of the aforesaid judgment and the appellants shall be entitled for compensation as per the decision of the Hon'ble Apex Court in the matter o f Bherusingh (supra) and Shakuntalabai (supra).
The appeal is accordingly disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.06.17
17:22:14 IST