Madhya Pradesh High Court

Union Of India vs Ambaram on 12 November, 2022

Author: Pranay Verma

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                               BEFORE LOK ADALAT
                                        HON'BLE SHRI JUSTICE PRANAY VERMA
                                                         &
                                         RAGHVENDRA SINGH RAGHUVANSHI
                                           ON THE 12th OF NOVEMBER, 2022

                                                  FA-00915-2019

                                BETWEEN:-
                                UNION OF INDIA DEPUTY CHIEF ENGINEER
                                (CONSTRUCTION) II INFRONT OF RAILWAY
                                PLATFORM NO. 01, RAILWAY STATION, INDORE
                                (MADHYA PRADESH)

                                                                             .....APPELLANT
                                (BY SHRI AMITABH UPADHYAY, ADVOCATE)

                                AND
                           1.   KASHIRAM S/O CHEETAR VILLAGE AKOLIYA,
                                TEH. AND DISTT. DHAR (MADHYA PRADESH)

                           2.   COLLECTOR (LAND DACQUISITION) THE STATE
                                OF MADHYA PRADESH DHAR DISTT DHAR
                                (MADHYA PRADESH)

                           3.   LAND ACQUISITION OFFICER THE STATE OF
                                MADHYA    PRADESH DHAR , DISTT DAHR
                                (MADHYA PRADESH)

                                                                           .....RESPONDENTS

(RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 905 of 2019

BETWEEN:-

(UNION OF INDIA DEPUTY CHIEF ENGINEER (CONSTRUCTION) II INFRONT OF RAILWAY PLATFORM NO. 01, RAILWAY STATION, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE) Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

AND

1. AMBARAM S/O LATE SHRI HEMSINGH VILLAGE-AKOLIYA, TEHSIL AND DISTT.-DHAR (MADHYA PRADESH)

2. RAJMAL S/O LATE SHRI HEMSINGH VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

3. SANTOSH S/O LATE SHRI HEMSINGH VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

4. SMT. SHARDABAI W/O LATE SHRI HEMSINGH VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

5. COLLECTOR (LAND ACQUISITION) THE STATE OF MADHYA PRADESH DHAR (MADHYA PRADESH)

6. STATE OF M.P. THROUGH LAND ACQUISITION OFFICER, DHAR (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 906 of 2019

BETWEEN:-

UNION OF INDIA DEPUTY CHIEF ENGINEER (CONSTRUCTION) II INFRONT OF RAILWAY PLATFORM NO. 01, RAILWAY STATION, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE)

AND

1. AMBARAM S/O GOPAL VILLAGE AKOLIYA, TEH.

AND DISTT. DHAR (MADHYA PRADESH)

2. COLLECTOR (LAND ACQUISITION) THE STATE OF MADHYA PRADESH DHAR DISTT DHAR (MADHYA PRADESH)

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

3. LAND ACQUISITION OFFICER THE STATE OF MADHYA PRADESH DISTT DHAR (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 909 of 2019

BETWEEN:-

UNION OF INDIA DEPUTY CHIEF ENGINEER (CONSTRUCTION) II INFRONT OF RAILWAY PLATFORM NO. 01, RAILWAY STATION, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE)

AND

1. AMBARAM S/O LATE SHRI RAMSINGH VILLAGE AKOLIYA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

2. SUNITABAI D/O LATE SHRI RAMSINGH RAGHUVANSHI VILALGE AKOLIYA, (MADHYA PRADESH)

3. RAJUBAI D/O LATE SHRI RAMSINGH RAGHUVANSHI VILLAGE AKOLIYA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

4. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION) DHAR DISTT. DHAR (MADHYA PRADESH)

5. STATE OF M.P. THROUGH LAND ACQUISITION O F F I C E R O F F I C E R DHAR DISTT; DHAR (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 910 of 2019

BETWEEN:-

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

UNION OF INDIA DEPUTY CHIEF ENGINEER (CONTRUCTION) II INFRONT OF RAILWAY PLATFORM NO. 01, RAILWAY STATION, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE)

AND

1. AMBARAM S/O BONDER VILLAGE-AKOLIYA, TEHSIL AND DISTT.-DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION) DHAR DISTT.DHAR (MADHYA PRADESH)

3. STATE OF M.P. THROUGH LAND ACQUISIOTION O F F I C E R DHAR DISTT DHAR, (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 911 of 2019

BETWEEN:-

UNION OF INDIA DEPUTY CHIEF ENGINEER (CONSTRUCTION) II INFRONT OF RAILWAY PLATFORM NO. 01, RAILWAY STATION, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE)

AND

1. AMBARAM) S/O SHRI DOULATSINGH VILLAGE-

AKOLIYA, TEHSIL AND DISTT.-DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION) DHAR DISTT.DHAR (MADHYA PRADESH)

3. STATE OF M.P. THOUGH LAND ACQUISITION O F F I C E R DHAR DISTT. DHAR (MADHYA PRADESH) Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 915 of 2019

BETWEEN:-

UNION OF INDIA DEPUTY CHIEF ENGINEER (CONSTRUCTION) II INFRONT OF RAILWAY PLATFORM NO. 01, RAILWAY STATION, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE)

AND

1. AMBARAM S/O BONDER VILLAGE AKOLIYA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

2. COLLECTOR THE STATE OF MADHYA PRADESH LAND ACQUISION OFFICER DHAR DISTT DHAR (MADHYA PRADESH)

3. LAND ACQUISITION OFFICER THE STATE OF MADHYA PRADESH DHAR , DISTT DHAR (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

FIRST APPEAL No. 917 of 2019

BETWEEN:-

UNION OF INDIA DEPUTY CHIEF ENGINEER (CONSTRUCTION) II INFRONT OF RAILWAY PLATFORM NO 01, RAILWAY STATION INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI AMITABH UPADHYAY, ADVOCATE)

AND

1. KAILASH S/O LATE SHRI KASHIRAM VILLAGE AKOLIYA, TEHSIL AND DISTT DHAR (MADHYA PRADESH) Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

2. SODRABAI D/O LATE SHRI KASHIRAM VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

3. JATANBAI D/O LATE SHRI KASHIRAM VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

4. GYANIBAI D/O LATE SHRI KASHIRAM VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

5. SMT. DARYAVBAI W/O LATE SHRI KASHIRAM VILLAGE AKOLIYA, TEHSIL AND DISTRICT DHAR (MADHYA PRADESH)

6. COLLECTOR (LAND ACQUISITION) THE STATE OF MADHYA PRADESH DHAR (MADHYA PRADESH)

7. STATE OF M.P. THROUGH LAND ACQUISITION OFFICER, DHAR (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT/LAND OWNERS BY MS. POORVA MAHAJAN, ADVOCATE)

This appeal coming on for conciliation this day, the Bench passed the

following:

ORDER

1. This order shall govern disposal of F.A. No.904/2019, F.A. No.905/2019, F.A. No.906/2019, F.A. No.909/2019, F.A. No.910/2019, F.A. No.911/2019, F.A. No.915/2019, F.A. No.917/2019.

2. Learned counsel for the parties submit this Court by a common judgment dated 19.2.2019 has disposed of a bunch of First Appeals lead case being F.A.No.664/2018 (Balaram Vs. State of M.P.and others). The operative portion thereof reads as under :-

Âœ"In the instant case, the land is acquired for construction of laying broad gauge railway track covering Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

the route of Dahod Indore (Bastara-Dhar-Jhabua- Pithampur) and not for industrial purpose. Therefore, the same rate of deductions by way of development charges cannot be made; as the purpose for which land is acquired is relevant and the germane factor to work out the deductions from the marketable value of the land acquired. However, looking to the fact that the instant sale deed is of smaller plot (0.011 hectare) but, lands acquired for laying broad gauge railway track are large areas (8.845 hectares), therefore, the deduction of 33% for one hectare, i.e.,, out of Rs.63,63,636/-; 20,99,999/- instead of 65% is held to be reasonable to work out the saleable value for one hectare of land i.e.,Rs.42,63,637/-. The aforesaid view finds support from the judgment of the Hon'ble Supreme Court reported in (2007) 9 SCC 447 Nelson Fernandes and others (supra) wherein only 20% deduction was held reasonable for the said purpose on similar facts and circumstances. The relevant part of the judgment is quoted below :-

"..... in view of the availability of basic civil amenities such as school, bank, police station, water supply, electricity, highway, transport, post, petrol pump, industry, telecommunication and other business, the claim of compensation should reasonably be fixed @ Rs.250 per sq. m with the deduction of 20%...."

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

Accordingly, the appellants/land owners are held entitled for difference of amount of compensation to be worked out by the competent authority. The entire exercise shall be completed within twelve weeks from the date of production of certified copy of order passed today by the land owners.

3. There is no dispute between parties that purpose of acquisition of lands in question is also for laying of railway track in continuation of railway track laid on lands involved in the aforesaid appeals of adjacent/neighboring villages. The rate of deduction towards development is restricted to 33% of the market value of the land relying on the principles laid down by the Hon'ble Supreme Court in the case of Nelson Fernandes and others Vs. Special Land Acquisition Officer, (2007) 9 SCC 447 . The same relief is being sought by the claimants in this batch of appeals.

4. There is no dispute between parties that judgment of this Court (supra) has attained finality as either party so far has not challenged the same in appeal before higher forum, Hon'ble Supreme Court.

5. In view of the aforesaid, parties are in agreement that subject matter of appeals under reference is same with appeals already decided by this Court (supra) and, therefore, these appeals may be disposed of on same terms and conditions.

6. This Court appreciates fairness on the part of the counsels for the appellants and respondents in both nature of appeals in hand and accordingly disposed of this batch of appeals in the light of the aforequoted judgment. The rate of deduction towards development charges shall be restricted to 33% of Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 15-11-2022 14:36:25

the market value determined by the Tribunal in all the appeals.

7. The Court fees be refunded after due verification in terms of Section 21(1) of the Legal Services and Authorities Act, 1987.

8. A copy of the order be retained in all the aforesaid connected appeals, listed today.

C.c. as per rules.




                                (PRANAY VERMA)                     (RAGHVENDRA SINGH RAGHUVANSHI)
                                     MEMBER                                 MEMBER
                           ns




Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 15-11-2022
14:36:25