Shakubai (As Per C.O. Dt. ... vs The State Of Madhya Pradesh And ...
2023 Latest Caselaw 3043 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                           ON THE 20 th OF FEBRUARY, 2023
                                             FIRST APPEAL No. 320 of 2011

                           BETWEEN:-
                           1.    SHAKUBAI (AS PER C.O. DT. 02/12/2022 DELETE
                                 PARTY NAME) W/O LATE SHRI HARI SINGH
                                 OCCUPATION:                   AGRICULTURE
                                 VILL.BARDARI,TEH. (MADHYA PRADESH)

                           2.    BALBEER SINGH S/O LATE SHRI SINGH
                                 OCCUPATION: AGRICULTURIST VIL. BARDARI,
                                 TESHIL & DIST.DHAR (MADHYA PRADESH)

                           3.    BABU SINGH S/O LATE RAGHUNATH SINGH
                                 OCCUPATION: AGRICULTURIST VIL. BARDARI,
                                 TEHSIL & DIST. DHAR (MADHYA PRADESH)

                           4.    BALVANT SIGH S/O LATE RAGHUNATH SINGH
                                 OCCUPATION: AGRICULTURIST VIL. BARDARI,
                                 TESIL & DIST. DHAR (MADHYA PRADESH)

                           5.    ANTAR SINGH S/O LATE RAGHUNATH SINGH
                                 OCCUPATION: AGRICULTURIST VIL. BARDARI,
                                 TESHIL & DIST.DHAR (MADHYA PRADESH)

                           6.    A 6 DECD. KANHAIYA LAL THROGH LR'S (A)
                                 SUKMABAI W/O LATE UMRAOSINGH, AGED
                                 ABOUT 52 YEARS, OCCUPATION: AGRICULTURE
                                 R/ O GRAM BARDARI, (MADHYA PRADESH)

                           7.    A 6 DECD. KANHAIYALAL THROUGH LR'S (B)
                                 SANTOSH S/O LATE UMRAOSINGH, AGED ABOUT
                                 28 YEARS, OCCUPATION: AGRICULTURE GRAM
                                 BARDARI, TEHSIL AND DISTRICT DHAR
                                 (MADHYA PRADESH)

                           8.    A 6 DECD. KANHAIYALAL THROUGH LR'S (C)
                                 KESHARSINGH S/O LATE KANHAIYALAL, AGED
                                 ABOUT 50 YEARS, OCCUPATION: AGRICULTURE
                                 GRAM BARDARI, TEHSIL AND DISTRICT DHAR
                                 (MADHYA PRADESH)

Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 20-02-2023
18:34:25
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                           9.    A 6 DECD. KANHAIYALAL THROUGH LR'S (D)
                                 KAMALSINGH (DECD.) THR. LRS (1) SMT. SUGAN
                                 BAI W/O LATE KAMAL SINGH, AGED ABOUT 45
                                 YE A R S , OCCUPATION: HOUSE WIFE GRAM
                                 BARDARI, TEHSIL AND DISTRICT DHAR
                                 (MADHYA PRADESH)

                           10.   A 6 DECD. KANHAIYALAL THROUGH LR'S (D)
                                 KAMALSINGH (DECD.) THR. LRS (2) MANISH S/O
                                 LATE KANHAIYALAL, AGED ABOUT 30 YEARS,
                                 OCCUPATION: AGRICULTURIST GRAM BARDARI,
                                 TEHSIL AND    DISTRICT DHAR      (MADHYA
                                 PRADESH)

                           11.   DECD.    KANHAIYALAL     THROUGH      LR'S
                                 KAMALSINGH (DECD.) THR. LRS (3) DINESH S/O
                                 LATE KAMAL SINGH, AGED ABOUT 27 YEARS,
                                 OCCUPATION: AGRICULTURE GRAM BARADIR
                                 TEH. AND DISTRICT (MADHYA PRADESH)

                           12.   DECD.    KANHAIYALAL     THROUGH     LR'S
                                 KAMALSINGH (DECD.) THR. LRS 3. DINESH S/O
                                 LATE KAMAL SINGH, AGED ABOUT 27 YEARS,
                                 OCCUPATION: AGRICULTURIST GRAM BARDARI
                                 TEH. AND DISTRICT DHAR (MADHYA PRADESH)

                           13.   A 6 DECD. KANHAIYALAL THROUGH LR'S (E)
                                 SHANKARSINGH S/O LATE KANHAIYALAL, AGED
                                 ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST
                                 GRAM BARDARI TEHSIL AND (MADHYA
                                 PRADESH)

                                                                                    .....APPELLANTS
                           (SHRI GHANSHYAM M. AGRAWAL, LEARNED COUNSEL FOR THE
                           APPELLANTS)

                           AND
                           1.    THE STATE OF MADHYA PRADESH AND ANR.
                                 GOVT. INDORE (MADHYA PRADESH)

                           2.    M.P. AUDHOYOGIK KENDRA VIKAS            NIGAM
                                 INDORE (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (SHRI SANJAY KARANJAWALA, LEARNED GOVERNMENT ADVOCATE
                           APPEARING ON BEHALF OF THE ADVOCATE GENERAL)

                                 T h is appeal coming on for orders this day, t h e cou rt passed the

Signature Not Verified
                           following:
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 20-02-2023
18:34:25
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                                                                ORDER

Heard finally with the consent of the learned counsel for the parties. This appeal under Section 54 of the Land Acquisition Act, 1894 has been filed by the appellants / claimants against against the award dated 02.02.2011 passed in Land Acquisition Case No.1/2009 by the learned Twelveth Additional District Judge, Indore District Indore (MP) whereby their lands situated at Village Kali Billod, Tehsil Depalpur, District Indore (MP) have been compulsorily acquired for Special Economic Zone (SEZ). Similar notification was issued in respect of lands at Village Kheda and other villages of Tehsil and District Dhar.

2. The issue regarding grant of compensation to the land owners of villages Kheda and Bardari, Tehsil and District Dhar for acquisition of land by the District Trade and Industry Center, Pithampur, District Dhar (MP) for public purpose namely for establishment of “Special Economic Zone†in District Dhar has been decided on 14.05.2015 by this Court in First Appeal No.444/2009 Shakuntalabai W/o Nandkishore V/s. State of M.P. and other connected appeals by which appeals of land owners were allowed in part. Against the aforesaid orders, a bunch of Special Leave Petitions were preferred before the Honorable Apex Court which have been decided by a common judgment dated 08.09.2017. The judgment in FA No.444/2019

Shakuntalabai (supra) was the subject matter of Civil Appeal No.12545/2017 arising out of SLP (Civil No.38152/2016).

3. Since the issue involved in this appeal has already been decided by the Honorable Apex Court in the matter of Shakuntalabai (supra) in bunch of Civil Appeals, the main case of which was of Bherusingh v. State of M.P. and another, Civil Appeal No.12060/2017 arising out of SLP (Civil) Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 20-02-2023 18:34:25

No.20910/2016, this appeal is also disposed of in terms of the aforesaid judgment and the appellants shall be entitled for compensation as per the decision of the Honorable Apex Court in the matter of Bherusingh (supra) and Shakuntalabai (supra).

4. First Appeal No.320/2011 is accordingly disposed of.

Pending interlocutory application, if any, shall also stand disposed of.

(SUBODH ABHYANKAR) JUDGE rcp

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 20-02-2023 18:34:25