Prem Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8937 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                 ON THE 16 th OF JUNE, 2023
                                               FIRST APPEAL No. 152 of 2015

                          BETWEEN:-
                          PREM SINGH S/O UMRAO SINGH, R/O KALI, BILLOD,
                          TEH. DEPALPUR, DISTRICT INDORE       (MADHYA
                          PRADESH)

                                                                                         .....APPELLANT
                          (SHRI ADITYA GARG, LEARNED COUNSEL FOR THE APPELLANT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH LAND
                                ACQUISITION  OFFICER  DEPALPUR, DISTT.
                                INDORE (MADHYA PRADESH)

                          2.    GENERAL MANAGER, DISTRICT VYAPAR AND
                                UDYOG KENDRA INDORE, DISTRICT INDORE
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          ( SHRI GAURAV SINGH CHOUHAN, GOVT. ADVOCATE FOR THE
                          RESPONDENT/STATE)

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

                          following:
                                                        JUDGMENT

The appellant filed the present appeal u/s. 54 of the Land Acquisition Act, 1894(for short ..... "the Act of 1894") against the award dated 07/10/2014, passed by the IXth Additional District Judge, Indore in Case No.36/2013 whereby the claim of the appellant in respect of enhancement of compensation has been rejected.

2. The brief facts of the case are that the appellant was the owner of Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 6/22/2023 5:48:39 PM

agricultural land bearing Survey No.269/1 area 0.500 hectare(irrigated land) and area 0.096 hectare(unirrigated land) total area 0.596 hectare. The aforesaid land was acquired for the purpose of setting up of the Special Economic Zone(SEZ) Industrial Area, Indore.

3. Accordingly, Notification under Section 4(1) of the Act of 1894 was published in the Official Gazette on 02/10/2009. The Land Acquisition Officer fixed the compensation at Rs.17,00,000/- Lakhs per hectare for the irrigated land whereas Rs.11,33,333/- per hectare compensation was fixed for unirrigated land. Accordingly, award was passed on 21/06/2010.

4. The appellant had demanded Rs.3,00,00,000(Rupees Three Crores)

per hectare towards compensation for the irrigated land whereas Rs.1,50,00,000(Rupees One Crore Fifty Lakhs) per hectare was demanded for unirrigated land. The Land Acquisition Officer as well as the Reference Court did not accede to the request of the appellant. Being aggrieved, the matter was referred to the Competent Court having jurisdiction to enhance the compensation. The Reference Court vide award dated 07/10/2014 enhanced the compensation in respect of irrigated land Rs.21,00,000(Rupees Twenty One Lakhs) per hectare and in respect of unirrigated land Rs.14,00,000/- (Rupees Fourteen Lakhs).

5. Learned counsel for the appellant submitted that the land belonging to 11 persons was acquired through the common notification. Initially the Sub- Divisional Officer, Depalpur, District Indore in Case No.01/A-82/2009-2010, passed an award on 21/06/2010 whereby granted compensation of Rs.17,00,000/- Lakhs per hectare for the irrigated land and Rs.11,33,333/- per hectare compensation for unirrigated land whereas the appellant herein has been granted compensation on a much lower side inspite of the fact that the Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 6/22/2023 5:48:39 PM

Notification for acquisition of the lands were issued collectively in respect of the appellant and others. In view of the aforesaid, discriminatory attitude has been adopted. Being aggrieved, the appellant had filed a reference under Section 18 of the Act against the award dated 21/06/2010 wherein the appellants have been granted compensation on the lower side. However, while deciding the reference, the learned Judge vide its award dated 07/10/2014 enhanced the compensation, but not to the level of which was awarded by the S.D.O., Depalpur, District Indore in respect of other applicants whose lands were also acquired by the common notification.

6. Learned counsel for the appellant further submitted that the order passed by the SDO, Depalpur, District Indore could not be brought to the notice of the Reference Court at the time of hearing. Therefore, the amount has been enhanced on a much lower side causing discrimination between the appellant and others whose lands are acquired through the common notification, therefore, this disparity cannot be allowed to stand.

7. Per Contra, learned Govt. Advocate for the State opposed the prayer and submitted that the order passed by the Reference Court needs no interference and this appeal deserves to be dismissed. Parity cannot be claimed on the basis of order passed in some other case in respect of other applicants.

8. Heard learned counsel for the parties and perused the record.

9. Taking into consideration the fact that the land belonging to all the 11 persons was acquired through a common notification dated 02/10/2009., there cannot be any disparity in the compensation for lands acquired and situated adjacent to each other and in the same village.

10. In view of the fact that some of the persons have been awarded

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 6/22/2023 5:48:39 PM

compensation on a much higher side whereas the present appellant has been awarded compensation on the lower side this disparity amounts to discrimination.

11. In view of the aforesaid, to maintain parity, this Court without going into merits of the case is of the opinion that the order impugned dated 07/10/2014 deserves to be and is hereby quashed.

12. The compensation as awarded to other persons vide the award dated 21/04/2017 by the learned Court of 14th Additional District Judge, Indore(M.P.) in Land Acquisition Case No.23/2016, the appellant is entitled to similar compensation as has been granted to the applicants in Case No.01/A-82/2009- 2010. Accordingly, the State is directed to pay the compensation amount as per the award dated 21/06/2010, passed in Case No.01/A-82/2009-10 as expeditiously as possible, preferably within three months from the date of receipt of certified copy of the order. The appellant is entitled to get compensation of unirrigated land @ of Rs.9,081 for each R.A(1 hectare - 1000 R.A) and @ Rs.13,621 for each R.A( 1 hectare - 1000 R.A) for irrigated land.

13. This appeal stands allowed. No order as to costs.

(S. A. DHARMADHIKARI) JUDGE

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Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 6/22/2023 5:48:39 PM