M.P.Grih Nirman Mandal Morena vs Raj Kishore & Ors.
2022 Latest Caselaw 15652 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 28th OF NOVEMBER, 2022

                     FIRST APPEAL No. 125 of 2002

        BETWEEN:-
        M.P.GRIH  NIRMAN    MANDAL     MORENA
        THROUGH ITS EXECUTIVE ENGINEER DIVISION
        NO.2 GWAWLIOR

                                                              .....APPELLANT
        (SHRI RAJENDRA BHARGAVA, LEARNED COUNSEL FOR THE
        APPELLANT.

        AND
        1.RAJ KISHORE
        2.RADHESHYAM
        3. SATYA NARAYAN
        4.RAM SHANKAR
        5.MST. JAVITRI WIDOW OF MANGAL SINGH
        (DELETED)
        AL ARE RESIDENT OF VILLAGE JAURA KHURD,
        TAHSIL AND DISTT. MORENA
        6. STATE OF M.P. THROUGH COLLECTOR
        MORENA.

                                                           .....RESPONDENTS
        (SHRI A.V.BHARDWAJ, LEARNED COUNSEL FOR THE
        RESPONDENT.

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                   ORDER

Aggrieved by the order dated 21.02.2000 passed by Third Additional District Judge Morena in MJC No.31/84, appellant preferred this appeal.

In brief facts of the case are that M.P. Housing Board which is a State Government Functionary acquired the land which was in the ownership and possession of respondents, situated at Survey No.466/1 area 0.585 hectare i.e.

two bigha 16 1/2 biswa. The Land Acquisition Officer i.e. Collector paid amount at the rate of Rs.8000/- per bigha. Aggrieved by the aforesaid order, respondents preferred a reference under Section 18 of the Land Acquisition Act before the learned Third Additional District Judge, Morena. The learned Court by its initial award dated 19.12.1986 in reference case No.31/84 passed an award to the tune of Rs.2,21,502/- @ Rs.54,000/- per bigha. Aggrieved by the aforesaid award, respondents preferred a revision before High Court and the High Court remanded the case for re-adjudication before the trial Court. Thereafter, the learned trial Court again passed an order vide award dated 25.09.96 by which excess amount paid to the respondents was found and the

Collector was directed to recover the aforesaid amount. Aggrieved by the subsequent award passed by the Third Additional District Judge Morena, respondents preferred a review application before the same Court to the effect that after the amendment in Land Acquisition Act, rate of interest has been enhanced from 9% to 15%, hence, award be amended by giving opportunity of hearing to the appellants. Thereafter, learned trial Court by its award dated 21.02.2000 allowed their application and enhanced the rate of interest in place of 9%, to 15% by relying upon the judgments passed in the case of Astekar Naganaatha Rao vs. Assistant Commissioner and Land Acquisition Officer, AIR 1996 SC 1041 and M.P. Grah Nirman Mandal Bhopal and Ors. vs. Umashankar and Ors, 1990 JLJ 240 Learned counsel for the appellant made submission that provisions of review as prescribed in Order 47 Rule 8 CPC has not been followed by the trial court itself. In such circumstances, present first appeal has been filed.

Heard the learned counsel for the parties and perused the record. It is true that technically prescribed procedure has not been followed by

the trial court but on the review application, notices have been issued to the appellant. By impugned order the learned Third Additional District Judge has enhanced the award in place of 9% to 15% on relying upon the aforesaid law laid down by the Apex Court as well as this Court. Initially the land was acquired on 21.01.83, since then i.e. 39 years has been elapsed, in this position, this is not fair in the interest of justice to remand the case to the Court of Third Additional District Judge Morena for deciding the case afresh.

Consequently, the appeal sans merits and is hereby dismissed. The appellant is directed to pay the enhanced amount to the respondents within a period of six months from the date of the receipt of certified copy of this Order.

(DEEPAK KUMAR AGARWAL) JUDGE Van

VANDANA VERMA 2022.11.29 11:19:44 -08'00'