Madhya Pradesh High Court
The State Of Madhya Pradesh vs Murlidhar on 10 February, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
NATIONAL LOK ADALAT
First Appeal No.921/2014
The State of Madhya Pradesh & another
V/s
Dhapubai w/o Chhitar
First Appeal No.927/2014
The State of Madhya Pradesh & another
V/s
Murlidhar s/o Poona
First Appeal No.929/2014
The State of Madhya Pradesh & another
V/s
Sitabai w/o Moolchand
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Appellant / State of Madhya Pradesh by Mr. Romesh Dave, learned Government Advocate.
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AWARD (Passed on 10th February, 2018) With the content of the party (parties), this bunch of three first appeals has been placed before this Lok Adalat under Section 20 of the Legal Services & Authorities Act, 1987.
2. This bunch of cases is related to Village Gondgaon, Tahsil and District Dhar. The land in question has been acquired for construction of "Auto Test Track". Similar notification was issued in respect of villages Madhavpur, Asukhedi, Kalyancikhedi, Piplya, Suhagpur, Khandwa, Sagore and Godgaon of Tahsil and District Dhar.
3. The issue regarding grant of compensation to the land-owners of villages - Madhavpur, Asukhedi, Kalyancikhedi, Piplya, Suhagpur, Khandwa, Sagore and Godgaon of Tahsil and District Dhar for acquisition of 'Auto Test Track' has been decided on 19.12.2014 by this Court in First Appeal No.497/2012 Subhash s/o Kashiram v. The State of MP and another; paragraphs No.31 to 34 of the said decision are relevant, which reads, as under:
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"31. In these circumstances, we are of the view that the land in question has substantial potential and is located adjacent to developed industrial area. This fact is also corroborated by the statements of revenue officer and witnesses of land owners, which were recorded before the learned reference Court. There is no cross - examination on the aforesaid issues nor Government tried to examine any one on these issues before the reference Court. The cumulative effect of the documentary and oral evidence on record is that it is a case of acquisition of land which is situated on a reasonably good location surrounded by developed areas having civic amenities and facilities and further development of industrial activity was going on in nearby areas. From the aforesaid, it is evident that the land acquired at the potential of being developed for residential or institutional purposes as already noticed, the same was acquired for "Auto Testing Track". Therefore, it is a case, where the Court should apply minimal deduction, which will meet the ends of justice and would help in determining just and fair compensation for the land in question. We are of the considered view that 20% deduction from the market value of the acquired land would meet the ends of justice. 32. Noticing the aforesaid evidence of high potential of the land and the amount of compensation which the landlord is going to receive, we disallow the increase of 15% per year between the date of sale- deed and the date of notification under Section 4 of the Act on account of appreciation of the market value. We therefore, for the above mentioned reasons, dismissed the appeals filed by the State of M.P. The appeals filed by the appellants - claimants/landowners are allowed in part. The impugned judgment therein is modified to the extent that the land owners whose land were acquired for "Auto Testing Track" are entitled to claim compensation at the rate fixed by the reference Court in the impugned judgment, with a deduction of 20% instead of 65% on account of appreciation of market value. The same shall be worked out on the basis of rate determined by the reference Court along with interest and solatium as awarded by the reference Court in the impugned judgments.
33. In view of the decision of the Apex Court cited herein- earlier, we allowed the prayer of the landowners who have reduced the valuation of their appeal by holding that they are entitled to claim the rate fixed by the reference Court in the impugned judgment with a reduction of 20% instead of 65% of amount on appreciation of market value. The same shall be worked out on the basis of rate determined by the reference Court along with interest and solatium as awarded by the reference Court in the impugned judgment. It is made clear that the enhanced compensation which is now been directed to pay to the appellants-claimants/landowners who are appellant in these bunch of appeals and the same shall be paid if the appellants - landowners shall deposit the requisite court fees on the aforesaid enhanced amount within 4 months from the date of supply of copy of this order to this Court. It is also made clear that they are entitled for enhanced amount of compensation only after payment of deficit court fees to the High Court. If the deficit court fees is paid within specified time as fixed by this Court, the Registry will issue necessary certificate to them and then only they will be entitled for the enhanced amount of compensation.
34. In the result, all the appeals filed by the appellants - claimants/landowners are partly allowed. All the appeals filed by the State are hereby dismissed. The impugned judgment therein is modified to the extent that the land owners whose land were acquired for "Auto Testing Track" are entitled to claim compensation at the rate fixed by the reference Court in the impugned judgment, with a deduction of 20% instead of 65% on account of appreciation of market value. The same shall be worked out on the basis of rate determined by the reference Court along with interest and solatium as awarded by the reference Court in the impugned judgments."
4. Against the order passed in a bunch of first appeals, Civil Appeal Nos.7261-7262 of 2015 and other connected appeals were filed by the State of Madhya Pradesh as well as by the landowners. The said bunch of civil appeals was decided by the Supreme Court on 17.09.2015. The Hon'ble Apex Court fixed the market value of the acquired irrigated lands at the rate of Rs.60,00,000/- (rupees sixty lakhs) per hectare with all other statutory benefits and fixed the market value of the acquired un-irrigated lands at the rate of Rs.45,00,000/- (rupees forty five lakhs) per hectare with all other statutory benefits. Paragraphs No.17 and 18 of the order dated 17.09.2015 passed by the Supreme Court in Civil Appeal Nos. 7261-7262 of 2015 read, as under: -
"17. In the result, while disposing of these appeals, we now quantify the compensation that is required to be paid for the irrigated lands at Rs.60,00,000/- (Rupees Sixty Lakhs Only) per hectare with all statutory benefits, and Rs.45,00,000/- (Rupees Forty Five Lakhs Only) per hectare for the un-irrigated lands with all statutory benefits.
18. The State Government is directed to pay the difference of amount within four months' time from today without compelling the agriculturists to file any execution petitions before any forum."
5. Learned counsel for the party (parties) very fairly stated that these appeals be disposed of on the same terms.
6. On due consideration of the aforesaid, we direct the appellant / State of Madhya Pradesh to award compensation to the landowners, as per paragraph No.16 of the order dated 17.09.2015 passed by the Apex Court in Civil Appeal Nos.7261-7262 of 2015.
7. In view of the aforesaid, we modify the impugned order of the reference Court; and allow the first appeals in part to the extent, as indicated in paragraph 17 of the Apex Court order dated 17.09.2015. Original order be retained in First Appeal No.921/2014 and a copy thereof be retained in connected cases.
8. Since the matter has been settled between the parties in this Lok Adalat, the Court fees, if any, paid by the claimant(s) be refunded, without any deduction on issuing certificate by the Registry, in view of the direction given by Division Bench of this court in case of Ramesh Chandra v. State of M.P. (ILR 2012 MP 320).
9. Parties to bear their own costs.
10. Copy of the award be given to both the parties free of charge.
(Justice P.K. Jaiswal) (Avinash Sirpurkar)
Member Member
Pithawe RC
Digitally signed by Ramesh
Chandra Pithwe
Date: 2018.03.18 16:05:42 +05'30'