Jethmal Sand (Dead) Th:Narendra ... vs Land Acuisition And ...
2021 Latest Caselaw 8128 MP

                                                       1

    HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
                        JABALPUR
(SINGLE BENCH : HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA)
                                          F.A. No. 285/2013
                                  General Manager (R & R)
                                                      Vs.
   Jethamal Sand (dead) through Lrs-(1) Narendra Kumar & Ors.
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Shri R.N. Singh, learned Senior Counsel with Shri Arpan J. Pawar,
learned counsel for the appellant.
Shri Greeshm Jain, learned counsel for the respondents.
                                                    AND

                                          F.A. No. 307/2013
     Jethamal Sand (dead) through Lrs. Narendra Kumar & Ors.
                                                      Vs.
                Land Acquisition & Rehabilitation Officer & ors.
----------------------------------------------------------------------------------------------------------------
Shri Greeshm Jain, learned counsel for the appellants.
Shri R.N. Singh, learned Senior Counsel with Shri Arpan J. Pawar,
learned counsel for respondent no. 4.
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                                              JUDGMENT

(02-12-2021)

The aforesaid first appeals have been filed by the appellants under Section 54 of the Land Acquisition Act, 1894, being aggrieved by the common order dated 29/01/2013 passed by learned First Additional District Judge in Reference Case No. 103/2011, whereby, learned Reference Court has enhanced the compensation from Rs. Rs. 8,16,507/- to Rs.10,47,581/-.

2. These two appeals are involving common question of facts, one appeal is filed by General Manager NHDC; whereas

another appeal has been filed by Jethmal Sand against the same reference order. The fact that the land was acquired is not in dispute. Jethmal Sand had total land of 19.0 acres out of which 18.53 acres of land was acquired, however, remaining land was not acquaired, therefore, Jethmal Sand moved an application for diversion of the remaining land. When the authorities did not take any action, Jethmal Sand filed a writ petition before the Hon'ble Court. Thereafter, Jethmal Sand moved representation before the authorities and the authorities permitted the land to be diverted. After certain periods, when the authorities did not grant permission to construct any industry, Jethmal Sand filed a writ petition before this Court for compulsory acquisition of the land and the Hon'ble Court directed that the land of the petitioner be permitted to be acquired if permissible under the policy. Based on this, Jethmal Sand moved an application before the Authorities and Authorities permitted to acquire the said land and accordingly, remaining land of the Jethmal Sand i.e. 0.50 acres was acquired. The award was passed and accordingly, compensation was paid to him. Though the land was diverted, however, the amount of agriculture land was paid. Getting aggrieved by this, Jethmal Sand filed reference application before the Collector and ultimately the matter was sent to the Reference Court. The Reference Court by the order impugned directed that as the land has been diverted, therefore, Jethmal Sand is entitled to receive compensation to the tune of Rs.10,47,581/-. Jethmal Sand was dissatisfied with the amount, therefore, he has filed F.A. No. 307/2013; whereas NHDC has filed FA No. 285/13 contending that the amount so paid is incorrect and Jethmal Sand has intentionally got his land diverted knowing well that the land has already submerged; whereas,

Jethmal Sand has contended that since the authorities have permitted to divert the land and it is of divert use, therefore, the amount awarded to him is less.

3. Heard the counsel for the parties and perused the documents as well as the impugned order. The Reference Court after appreciating the facts and evidence led by the parties directed that after deducting 50% under the development costs and appreciating the market value of the land has directed for payment of Rs.10,47,581/-. The order of the Reference Court is patently justified based on sound reasoning warranting no interference in the matter. Consequently, both the appeals being devoid of any merit are hereby dismissed.

No order as to costs. The appellants shall bear their own costs. Interim order passed if any shall stand vacated in terms of this order.

(ARUN KUMAR SHARMA) JUDGE JP/-

JITENDRA KUMAR PAROUHA 2021.12.02 14:00:27 +05'30'