Radheshyam vs State Of M.P. & Anr.
2021 Latest Caselaw 5290 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                         LOK ADALAT
                       First Appeal No.415/2009
               (Radheshyam Vs. State of M. P. and Another)
                                     -1-
Indore, dated 11/09/2021

      Mr. Sapnesh Jain, Ms. Poorva Mahajan and Mr. Sunil Verma,

learned counsel for the appellant.

      Mr. Amit Singh Sisodiya, learned Government Advocate for the

respondent / State.

Ms. Mahajan states that subject matter of appeal is identical

with the subject matter of First Appeal No.2048/2019 (Dilip and

Others Vs. State of M. P. and Another). The said appeal stands

disposed of on 11/05/2020. The operative portion of the judgment is

reproduced below:-

"6. With the aforesaid directions, First Appeal No.2048/2019 is disposed of on the same terms of order dated 14.05.2015 passed by a Division Bench of this Court in First Appeal No.444/2009 Shakuntala Bai w/o Nandkishore v. The State of MP, subject to the final decision in the aforesaid pending special leave petitions and the landowners will be entitled for compensation as per the decision of the Hon'ble Apex Court."

Ms. Mahajan also states that in a bunch of first appeals of

identical nature arising out of same acquisition / notifications under

Section 4 and 6 of the Land Acquisition Act, 1894, the Division Bench

of this Court on 08/07/2017 disposed of the appeals relying upon the

same judgment passed in First Appeal No.444/2009 (Shakuntala Bai

w/o Nandkishore Vs. The State of M. P.). The operative portion of

the judgment dated 08/07/2017 is reproduced below:-

"5. With the aforesaid directions, first appeals are disposed of on the same terms of order dated 14.05.2015 by a Division Bench of this Court in First Appeal No.444/2009 Shakuntala Bai w/o Nandkishore v. The State of MP, subject HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE LOK ADALAT First Appeal No.415/2009 (Radheshyam Vs. State of M. P. and Another)

to the final decision in the aforesaid pending special leave petitions and the landowners will be entitled for compensation as per the decision of the Hon'ble Apex Court. Cross objections [M(C)P No.2412/2003] filed by the landowners in First Appeal No.255/2003 and cross objections [M(C)P No.1314/2004] filed by the landowners in First Appeal No.46/2004 stand disposed of accordingly."

The SLP arising out therefrom has been disposed of by the

Hon'ble Supreme Court and all the land owners have been paid

compensation as the controversy is no more res integra.

Mr. Sisodiya, learned Government Advocate does not dispute

the aforesaid position.

In view of the aforesaid factual matrix, this appeal is disposed of

the land owner shall be entitled for compensation on same terms and

conditions as held in First Appeal No.444/2009 as upheld by the

Hon'ble Supreme Court.

We hopes and trust that the amount of compensation payable

shall be determined and released as early as possible preferably

within a period of 03 months from the date of receipt of certified copy

of this order.

With the aforesaid, first appeal stands disposed of.

E-certified copy as per rules.

               (JUSTICE ROHIT ARYA)                 (UMESH GAJANKUSH)
                    MEMBER                              MEMBER
Tej
 Digitally signed by
 TEJPRAKASH VYAS
 Date: 2021.09.13
 12:43:27 -07'00'