Madhya Pradesh High Court

Union Of India Western Railway vs Rajesh on 15 September, 2022

Author: Dinesh Kumar Paliwal

                         1
      IN THE HIGH COURT OF MADHYA PRADESH
                    AT INDORE
                         BEFORE
       HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
               ON THE 15th OF SEPTEMBER, 2022


              FIRST APPEAL No. 851 of 2019

     BETWEEN:-


     UNION OF INDIA DY. CHIEF ENGINEER
     (CONSTRUCTION II) WESTERN RAILWAYS,
     RATLAM (MADHYA PRADESH)

                                                  .....APPELLANT
     (BY SHRI H.Y.MEHTA - ADVOCATE)

     AND
1.   SAJAN   SINGH   S/O    RATAN  SINGH
     OCCUPATION: AGRICULTURE VILLAGE
     KHEDA, TEH. AND DISTT. DHAR (MADHYA
     PRADESH)

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

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


                                                .....RESPONDENTS

(BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 949 of 2019

BETWEEN:-

UNION OF INDIA DY. CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAYS,

RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. RAMESH AMBARAM S/O AMBARAM OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

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

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 950 of 2019

BETWEEN:-

UNION OF INDIA DY CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAY RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. HEERABAI W/O BHERU SINGH OCCUPATION: AGRICULTURE VILLAGE KHEDA TEHSIL DHAR (MADHYA PRADESH)

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

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

PRADESH)

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 955 of 2019

BETWEEN:-

UNION OF INDIA DY. CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAYS, RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. MUKESH S/O BHERU SINGH OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

2. DINESH S/O BHERU SINGH OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEHSIL DHAR (MADHYA PRADESH)

3. JITENDRA S/O BHERU SINGH OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEHSIL DHAR (MADHYA PRADESH)

4. SAJANBAI W/O BHERU SINGH OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEHSIL DHAR (MADHYA PRADESH)

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

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE

RESPONDENT/STATE)

FIRST APPEAL No. 966 of 2019

BETWEEN:-

UNION OF INDIA DY. CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAY RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. SUGANBAI W/O PRAHLAD OCCUPATION:

AGRICULTURE VILLAGE KHEDA TEHSIL DHAR (MADHYA PRADESH)

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

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 971 of 2019

BETWEEN:-

UNION OF INDIA DY CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAYS, RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. LAXMIBAI W/O HEERALAL OCCUPATION:

AGRICULTURE VILLAGE-KHEDA, TEHSIL AND DISTT.-DHAR (MADHYA PRADESH)

2. SHANTABAI W/O HEERALAL OCCUPATION:

AGRUICULTURE VILLAGE KHEDA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

3. NARENDRA S/O HEERALAL OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEH. AND DISTT. DHAR (MADHYA PRADESH)

4. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISIOTION) VILLAGE KHEDA, (MADHYA PRADESH)

5. STATE OF M.P. THROUGH THROUGH LAND ACQUISITION OFFICER DHAR DISTT. DHAR (MADHYA PRADESH)

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1299 of 2019

BETWEEN:-

UNION OF INDIA DY CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAY RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. NIHAL SINGH S/O KASIRAM OCCUPATION:

AGRICULTURE VILLAGE KHEDA TEHSIL DHAR (MADHYA PRADESH)

2. GORIBAI W/O NIHAL SINGH, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEH DHAR DIST. DHAR (MADHYA PRADESH)

3. RANJEET SINGH S/O NIHAL SINGH, AGED ABOUT 345 YEARS, OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEH DHAR DIST. DHAR (MADHYA PRADESH)

4. ANGAD SINGH S/O NIHAL SINGH, AGED ABOUT 39 YEARS, OCCUPATION: AGRICULTURE VILLAGE KLHEDA, TEH DHAR DIST. DHAR (MADHYA PRADESH)

5. STATE OF MP THROUGH THE COLLECTOR (LAND ACQUITION) COLLECTOR DHAR (MADHYA PRADESH)

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1300 of 2019

BETWEEN:-

UNION OF INDIA DY CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAY RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. NANIBAI D/O SUKHRAM OCCUPATION:

AGRICULTURE VILLAGE AKLIA TEH. DHAR (MADHYA PRADESH)

2. SAILUBAI W/O RAJESH, AGED ABOUT 32 YEARS, OCCUPATION: AGRICULTURE R/O : VILLAGE AKOLIA , TEHSIL DHAR (MADHYA PRADESH)

3. STATE OF M.P. THROUGH THE COLLECTOR COLLECTOR DIST DHAR (MADHYA PRADESH)

4. STATE OF M.P. THROUGH THE ACQUISITION OFFICER, DHAR LAND ACUISITION DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1302 of 2019

BETWEEN:-

UNION OF INDIA DY CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAY RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. MUKUND S/O BONDAR OCCUPATION:

AGRICULTURE VILLAGE AKOLIA TEHSIL DHAR (MADHYA PRADESH)

2. KESHAR SINGH S/O MUKUND, AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURE VILLAGE AKOLIYA, TEH DHAR DIST. DHAR (MADHYA PRADESH)

3. CHAGANLAL S/O MUKUND, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURE VILLAGE AKOLIYA, THE DHAR. DIST. DHAR (MADHYA PRADESH)

4. JAGADISH S/O MUKUND, AGED ABOUT 40 Y E A R S , OCCUPATION: AGRICULTURE VILLAGE AKOLIYA, THE DHAR. DIST. DHAR (MADHYA PRADESH)

5. SODARA BAI W/O LATE MUKUND, AGED ABOUT 80 YEARS, OCCUPATION: AGRICULTURE VILLAGE AKOLIYA, THE DHAR DIST. DHAR (MADHYA PRADESH)

6. LEELA BAI W/O LATE SHANKAR, AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURE VILLAGE AKOLIYA, THE DHAR DIST DHAR (MADHYA PRADESH)

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE

RESPONDENT/STATE)

FIRST APPEAL No. 1303 of 2019

BETWEEN:-

UNION OF INDIA THROUGH WESTERN RAILWAYSS DY. CHIEF ENGINEER (CONSTRUCTION II) RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. CHHAGAN S/O DHANNA OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEHSIL DHAR (MADHYA PRADESH)

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

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1307 of 2019

BETWEEN:-

UNION OF INDIA WESTERN RAILWAY DY. CHIEF ENGINEER (CONSTRUCTION II) RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. RAJESH S/O SOMA OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEHSIL

DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH THE COLLECTOR COLLECTOR DHAR (MADHYA PRADESH)

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1308 of 2019

BETWEEN:-

UNION OF INDIA THROUGH WESTERN RAILWAYS DY. CHIEF ENGINEER (CONSTRUCTIONS II) RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. NANIBAI W/O TULSIRAM OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEHSIL DHAR (MADHYA PRADESH)

2. RAJARAM S/O SUKHRAM OCCUPATION:

AGRICULTURE VILLAGE KHEDA, TEH. DHAR DIST. DHAR (MADHYA PRADESH)

3. BHAGAVANTIBAI W/O RAJARAM, AGED ABOUT 82 YEARS, OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEH. DHAR DIST. DHAR (MADHYA PRADESH)

4. BADRILAL S/O RAJARAM, AGED ABOUT 60 Y E A R S , OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEH DHAR DIST. DHAR (MADHYA PRADESH)

5. PARAMANAND S/O RAJARAM, AGED ABOUT 56 YEARS, OCCUPATION: AGRICULTURE VILLAGE KHEDA, TEH DHAR DIST DHAR (MADHYA PRADESH)

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1352 of 2019

BETWEEN:-

UNION OF INDIA THROUGH WESTERY RAILWAY DY. CHIEF ENGINEER (CONSTRUCTION II) RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. MOHD. ASHRAF S/O KARIM KHAN VILLAGE BANJARI, TEHSIL MHOW (MADHYA PRADESH)

2. LAND ACUISITION OFFICER THE STATE OF MADHYA PRADESH DHAR (MADHYA PRADESH)

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1359 of 2019

BETWEEN:-

UNION OF INDIA THROUGH WESTERN RAILWAYS DY. CHIEF ENGINEER (CONSTRUCTION II) RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. CHAIN SINGH S/O PURAN VILLAGE PITHAMPUR, TEHSIL DHAR (MADHYA PRADESH)

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

3. STATE OF MP THROUGH LAND ACQUISITION OFFICER DHAR (MADHYA PRADESH)

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

FIRST APPEAL No. 1367 of 2019

BETWEEN:-

UNION OF INDIA DY CHIEF ENGINEER (CONSTRUCTION II) WESTERN RAILWAY, RATLAM (MADHYA PRADESH)

.....APPELLANT (BY SHRI H.Y.MEHTA - ADVOCATE)

AND

1. RAJESH S/O NARAYAN DASH MAHISWARI VILLAGE BANJARI, TEH. MHOW, INDORE (MADHYA PRADESH)

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

.....RESPONDENTS (BY MS. SOUMYA MARU - PANEL LAWYER FOR THE RESPONDENT/STATE)

This appeal coming on for admission this day, th e court passed the following:

ORDER Learned counsel for the parties submit this Court by a common

judgment dated 19.2.2019 and 27.09.20221 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 :-

"In the instant case, the land is acquired for construction of laying broad gauge railway track covering 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%....

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."

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, reported in (2007) 9 SCC 447. The same relief is being sought by the claimants in this batch of appeals.

There is no dispute between parties that judgment dated 27.09.2021 passed by the Coordinate bench of this Court has attained finality as either party so far has not challenged the same in appeal before higher forum, Hon'ble Supreme Court.

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 vide order dated 27.09.2021 and, therefore, these appeals may be disposed of on same terms and conditions.

In view of statement of learned counsel for the parties this batch of appeals are disposed off in the light of the aforequoted judgment. The rate of deduction towards development charges shall be restricted to 33% of the market value determined by the Tribunal in all the appeals.

A copy of the order be retained in all the aforesaid connected

appeals, listed today.

C.c.as per rules.

(DINESH KUMAR PALIWAL) JUDGE Jasleen Digitally signed by JASLEEN SINGH SALUJA Date: 2022.09.16 11:07:28 +05'30'