Madhya Pradesh High Court
Pratap vs The State Of Madhya Pradesh on 14 December, 2018
THE HIGH COURT OF MADHYA PRADESH
F.A. No. 2416/2018
1 Pratap V/s. State of M.P. & another.
Indore, dated : 14.12.2018
Shri Anurag Vyas, learned counsel for the appellants.
Ms. Bhakti Vyas, learned Govt. Advocate for
respondents/State on advance copy.
With consent of learned counsel for the parties, admit
and heard finally.
ORDER
The appellant/claimants have preferred this appeal u/s. 54 of Land Acquisition Act being aggrieved by award dated 4.10.2018 passed by 1st Additional District Judge, Dhar in Land Acquisition Reference Case No.27/2016 for seeking further enhancement.
2. The State Government initiated the land acquisition proceedings under the Land Acquisition Act for acquiring the land of Tehsil Sagore for establishment of Auto-Testing Track Service Road and Water Pipeline in Sagore Tehsil, District Dhar. After issuance of Notification u/s. 9 of the Land Acquisition Act, the appellants submitted their claim for compensation before the Land Acquisition Officer. The Land Acquisition Officer by its award dated 5.10.2009 granted compensation @ Rs.11,27,466/- per Hect. for irrigated land and Rs.7,04,666/- per Hect. for unirrigated land.
3. Being dissatisfied by the aforesaid award, appellants sought reference u/s. 18 of the Land Acquisition Act. Learned Reference Court vide award dated 4.10.2018 has partly enhanced the compensation @ Rs.36,25,000/- per Hect. for un-irrigated THE HIGH COURT OF MADHYA PRADESH F.A. No. 2416/2018 2 Pratap V/s. State of M.P. & another.
land and Rs.54,37,500/- per Hect. for irrigated land, hence the present first appeal before this Court.
4. Undisputedly, land bearing Survey No.1081/1 area 0.314 Hect. belonging to the appellant was acquired for establishment of Auto Testing Track Service Road and Water Pipeline in Tehsil Sagore, District Dhar. Some of the land- owners approached this Court by way of First Appeal and the compensation has been enhanced. Thereafter, the State Government preferred Civil Appeal No.7261-7262 of 2015 (State of M.P. V/s. Pratap), in which, the apex Court has enhanced the compensation for irrigated as well as for un- irrigated land. The relevant part of the decision of apex Court in the aforesaid case is reproduced below :
"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."
5. In view of the aforesaid, this appeal is also allowed with a direction to pay the compensation for the irrigated lands @ Rs.60,00,000/- (Sixty Lakhs only) per Hect. with all statutory benefits and Rs.45,00,000/- (Forty Five Lakhs only) per Hect. for the un-irrigated lands with all statutory benefits to the appellants.
THE HIGH COURT OF MADHYA PRADESH F.A. No. 2416/2018 3 Pratap V/s. State of M.P. & another.
6. The State Government is directed to pay the difference of the amount within a period of four months from today without compelling the agriculturists to file any execution petitions before any forum.
7. When this Court as well as apex Court have fixed the compensation at Rs. 60,00,000/- (Sixty Lakhs) for irrigated and Rs.45,00,000/- (Forty Five Lakhs) for un-irrigated lands in respect of all the lands acquired, then the Reference Court ought to have enhanced the compensation to that extent. The orders of this Court as well as of apex Court are certainly binding on Reference Court. Unnecessarily the appellants have been compelled to approach this Court, in which, they have paid the advalorem Court-fees. Learned Govt. Advocate is directed to send proper instructions to the counsel who is appearing before the Reference Court on behalf of State in identical cases. Let a copy of this order be also sent to the District Judge, Dhar for information and necessary compliance.
8. With the aforesaid, this appeal stands disposed of.
No order as to costs.
( VIVEK RUSIA ) JUDGE Alok/-
Digitally signed by Alok GargavDate: 2018.12.17 13:01:28 +05'30'