Madhya Pradesh High Court
The State Of M.P. vs Rameshwar & Another on 10 February, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
NATIONAL LOK ADALAT
First Appeal No.61/2008
Mehraj Ali s/o Manzoor Ali
V/s
The State of Madhya Pradesh & three others
First Appeal No.118/2008
Bhawaniram s/o Sevaram Khati
V/s
The State of Madhya Pradesh & two others
First Appeal No.120/2008
Rameshwar s/o Siddhaji
Vikram s/o Siddhaji
V/s
The State of Madhya Pradesh & two others
First Appeal No.137/2008
Abid s/o Hasan Ali
V/s
The State of Madhya Pradesh & two others
First Appeal No.138/2008
Basharat Ali s/o Farajad Ali
V/s
The State of Madhya Pradesh & two others
First Appeal No.141/2008
Ishaq Ali s/o Hasan Ali
V/s
The State of Madhya Pradesh & two others
First Appeal No.142/2008
Aziz s/o Hasan Ali
V/s
The State of Madhya Pradesh & two others
First Appeal No.238/2008
Mansoor Ali s/o Mohammad Ali
V/s
The State of Madhya Pradesh & three others
First Appeal No.239/2008
Nasim Bee wd/o Afsar Ali
Mazar Ali s/o Afsar Ali
V/s
The State of Madhya Pradesh & two others
First Appeal No.242/2008
Nannu Khan s/o Nazeer Khan
V/s
The State of Madhya Pradesh & two others
First Appeal No.244/2008
Brahmanand s/o Gangaram Khati
V/s
The State of Madhya Pradesh & two others
First Appeal No.245/2008
Ramchandra s/o Kunwarji
V/s
The State of Madhya Pradesh & two others
First Appeal No.248/2008
Harinarayan s/o Kaluji Khati
V/s
The State of Madhya Pradesh & others
First Appeal No.257/2008
Basantibai wd/o Balmukund
Bhujibai @ Bhuribai d/o Balmukund
Deepu s/o Balmukund
V/s
The State of Madhya Pradesh
First Appeal No.259/2008
Narayan s/o Harilal (Deceased) through LRs.
Smt. Kaushlya bai wd/o Narayan
Ramratan s/o Narayan
Bhuribai w/o Babulal
V/s
The State of Madhya Pradesh & two others
First Appeal No.277/2008
The State of Madhya Pradesh & two others
V/s
Bhawaniram s/o Sevaram Khati
First Appeal No.278/2008
The State of Madhya Pradesh & two others
V/s
Rameshwar s/o Siddhaji
Vikram s/o Siddhaji
First Appeal No.279/2008
The State of Madhya Pradesh & two others
V/s
Basharat Ali s/o Farajad Ali
First Appeal No.280/2008
The State of Madhya Pradesh & two others
V/s
Mansoor Ali s/o Mohammad Ali
First Appeal No.281/2008
The State of Madhya Pradesh & two others
V/s
Akbar Ali s/o Shahadat Ali
Bhuru Ali s/o Shahadat Ali
Riyaz Ali s/o Shahadat Ali
Idarish Ali s/o Shahadat Ali
Nayees Ali (Custodial Akbar Ali)
First Appeal No.282/2008
The State of Madhya Pradesh & two others
V/s
Ramchandra Khati s/o Kunwarji
First Appeal No.283/2008
The State of Madhya Pradesh & two others
V/s
Aziz Ali s/o Hasan Ali
First Appeal No.284/2008
The State of Madhya Pradesh & two others
V/s
Harinarayan Khati s/o Kalu Khati
First Appeal No.285/2008
The State of Madhya Pradesh & two others
V/s
Narayan s/o Harilal
First Appeal No.286/2008
The State of Madhya Pradesh & two others
V/s
Nasim Bee wd/o Afsar Ali
Mazhar Ali s/o Afsar Ali
First Appeal No.287/2008
The State of Madhya Pradesh & two others
V/s
Aabid s/o Hasan Ali
First Appeal No.288/2008
The State of Madhya Pradesh & two others
V/s
Bhagwan s/o Sitaram Khati
First Appeal No.289/2008
The State of Madhya Pradesh & others
V/s
Babulal s/o Govind Khati
First Appeal No.290/2008
The State of Madhya Pradesh & two others
V/s
Basanti bai ws/o Balmukund
Bhujibai @ Bhuribai wd/ Balmukund
Deepu s/o Balmukund
First Appeal No.291/2008
The State of Madhya Pradesh & two others
V/s
Ramzaan s/o Hasan Ali
First Appeal No.293/2008
The State of Madhya Pradesh & others
V/s
Jagdish s/o Sukhram
Rajendra s/o Sukhram
Ramkanya d/o Sukhram
Aanandibai wd/o Sukhram
First Appeal No.294/2008
The State of Madhya Pradesh & two others
V/s
Sikandar Ali s/o Fateh Ali
First Appeal No.295/2008
The State of Madhya Pradesh & two others
V/s
Ramesh Chandra s/o Sawant Ji
First Appeal No.296/2008
The State of Madhya Pradesh & two others
V/s
Kanhaiyalal s/o Ramchandra
Gangabai wd/o Ramchandra (Dead)
First Appeal No.297/2008
The State of Madhya Pradesh & two others
V/s
Brahmanad s/o s/o Gangaram Khati
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Mr. K.L. Hardia and Mr. Vinit Hardia, learned counsel for the claimant (s).
Mr. Romesh Dave, Learned Government Advocate for the State of Madhya Pradesh.
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AWARD (Passed on 10th February, 2018) With the consent of parties, this bunch of thirty five first appeals has been placed before this Lok Adalat under Section 20 of the Legal Services & Authorities Act, 1987.
2. This bunch of cases are related to village Avatpura, Palnagar and Rasulpur District Dewas (MP). The land in question has been acquired for construction of Indore-Dewas Bypass Road. Similar notification was issued in respect of village Anvatpura and other villages of District Dewas.
3. The issue regarding grant of compensation to the land-owners of village - Anvatpura District Dewas for acquisition of land by the State of Madhya Pradesh for public purpose, namely for construction of Indore-Dewas Bypass has been decided on 07.12.2017 by this Court in First Appeal No.59/2008 Gaffuran Bee w/o Manzoor Ali v. The State of Madhya Pradesh & others, by which appeal of the landowners has been allowed in part.
4. Both the learned counsel for the parties have submitted that this bunch of first appeals be disposed of in the light of order dated 07.12.2017 passed by this Court in First Appeal No.59/2008 Gaffuran Bee w/o Manzoor Ali v. The State of Madhya Pradesh & others. In case, any special leave petition is filed by the State of Madhya Pradesh or any other party before the Hon'ble Apex Court, then the compensation to the landowners will be subject to the final outcome of the Apex Court's decision; and the order passed by Hon'ble Apex Court will be final and binding to all the parties and landowners will be entitled for compensation accordingly.
5. Relevant part of order dated 07.12.2017 passed by this Court in First Appeal No.59/2008 Gaffuran Bee w/o Manzoor Ali v. The State of Madhya Pradesh & others (supra) reads, as under: -
"20. In the case in hand, the acquired land is situated at Agra - Bombay road in Dewas. Dewas has already been diverted for commercial use. As on the date of acquisition, it was found that the vicinity is well developed and was of commercial use. The respondents/State failed to give any cogent evidence to support the fact that the land was not valuable or not situated within the Municipal Corporation area and is ward Nos.15 and 45 of Dewas Municipal Corporation. The State has not filed any document from the office of the Sub-Registrar to show the exact value of the land. No report from the office of Sub-Registrar has been called nor any one was examined before the Reference Court to prove the exact value of the land. No guideline (framed by the District Collector) or sale deed has been filed by the State Government to prove the value of the land. The Apex Court in the case of Nandram & Others V/s. State of Haryana reported as All India Land Acquisition & Compensation Cases Vol.III 1989 passed in Civil Appeal No.3147/1988 decided on 6.9.1988 has held that the State cannot refuse to pay in respect of lands acquired under the same notification compensation awarded to the land owners whose similarly-situated lands had been acquired under the same notification for the same purpose by the Notification of the same date and held that the appellants therein are entitled to claim compensation at the rate, which has been awarded to the ad-joining similarly situated landowners along with soletium and interest in accordance with law.
21. In the case of Nelson Fernandis & Anr. V/s. Land Acquisition Officer, Souther Goa & Anr. reported as 2007 (2) SCCD 580 (SC), the Apex Court held that if the land is acquired for construction of railway line and road then, no deduction towards development charges is required.
22. In the case of Mehrawal Khewaji Trust (Regd.) Faridkot & Ors. V/s. State of Punjab & Ors. reported as AIR 2012 SC 2721, the Apex court has held that when there are several exemplars with reference to similar land, it is general rule highest of exemplars, if it is satisfied, that it is a bona fide transaction has to be considered and accepted.
23. In the light of the above discussion, I am of the view that the appellant has made out a case for enhancement of compensation. Accordingly, the compensation is fixed at the rate of Rs.25.00 lacs per hectare and 20% deduction towards development charges comes to Rs.20,00,000, i.e., (the sum comes to 25,00,000 X 20% = Rs.20,00,000/-) per hectare with all statutory benefits including interest on soletium and additional market value. The appeal is allowed to the extent mentioned above. No orders as to cost. The impugned order is modified to the extent as herein above. The appellant is directed to pay the deficit stamp duty, if any, in the office of Registrar. The Registrar after verifying the stamp duty shall prepare the decree, as per rules."
6. In view of the aforesaid, we dispose of bunch of thirty five first appeals on the same terms and the aforesaid decision of this Court [order dated 07.12.2017 passed by this Court in First Appeal No.59/2008 [Gaffuran Bee w/o Manzoor Ali v. The State of Madhya Pradesh & others] shall apply mutatis mutandis in this bunch of thirty five first appeals also, subject to the decision of the Hon'ble Supreme Court, if any Petition (s) for Special Leave to Appeal in this matter is filed by either party. Original order be retained in First Appeal No.61/2008 and a copy thereof be retained in connected cases.
7. 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).
8. Parties to bear their own costs.
9. 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 15:52:10 +05'30'