Madhya Pradesh High Court
Ramibai@Radhibai vs The State Of Madhya Pradesh on 9 February, 2018
1 F.A. No.332/2016
HIGH COURT OF M.P. : BENCH AT INDORE
Ramibai @ Radhabai Wd/o Ganpat Singh
vs. State of M.P. and another
09/02/2018 :-
Shri Anurag Vyas, learned counsel for the appellant.
Shri Swapnil Sharma, learned Government Advocate for
the respondents/State.
Heard.
This first appeal pertains to Survey No.423, area 0.073 hectare situated in Village-Chandankhedi, Tehsil and District- Dhar. The aforesaid land has been acquired by the respondent No.2 for Auto Testing Track.
2. Learned counsel for the parties made a statement at the bar that this appeal can be disposed of at motion hearing stage in the light of the order passed by the Apex Court in the matter of State of M.P. & another vs. Pratap in Civil Appeal No.7261-7262 of 2015. The relevant portion of the order passed by the Apex Court reads as under :-
"Upon carefully perusing these judgment (s) and order (s), in our opinion, it should satisfy the interest of both the parties and meet the ends of justice if we fix the market value of the acquired irrigated lands at Rs.60,00,000/- (Rupees Sixty Lakhs Only) per hectare with all other statutory benefits, and fix the market value of the acquired un-irrigated lands at Rs.45,00,000/- (Rupees Forty Five Lakhs Only) per hectare with all other statutory benefits. In our opinion, that would be the fair market value for the lands acquired."2 F.A. No.332/2016
HIGH COURT OF M.P. : BENCH AT INDORE Ramibai @ Radhabai Wd/o Ganpat Singh vs. State of M.P. and another
3. In view of the aforesaid, while disposing of this appeal, I 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.
4. 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. Accordingly, first appeal stands disposed of.
(Virender Singh) Judge Aiyer* Jagdishan Digitally signed by Jagdishan Aiyer DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Aiyer 2.5.4.20=a447e9805af75a6ef46d4975800dabec4b062 d9acd7546137cc740fb3cea1603, cn=Jagdishan Aiyer Date: 2018.02.10 22:21:11 +05'30'