The State Of Madhya Pradesh vs Laxminarayan Deceased Thr. Lrs. ...
2023 Latest Caselaw 18192 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       MP No. 3833 of 2023
                          (THE STATE OF MADHYA PRADESH Vs LAXMINARAYAN DECEASED THR. LRS. SMT. KAMLABAI AND
                                                               OTHERS)

                         Dated : 31-10-2023
                               Shri Vaibhav Bhagwat, learned counsel for the petitioner/state.


                               On payment of P.F.within three working days, notice be issued to the
                         respondents making it returnable within four weeks.

Learned counsel for the petitioner submits that in First Appeal No.130/2012, this Court has only dismissed the First Appeal filed by the State

and maintained the award passed by the Reference Court enhancing the compensation upto Rs. 20,00,000/-. The other First Appeals filed by the State in respect of other land owners were dismissed relying on judgment passed in First Appeal No.130/2012 but in other First Appeal, the Reference Court did not enhance the amount upto Rs. 20,00,000/-, thus the Executing Court has wrongly directed that in all Reference Cases, the amount shall be treated as Rs. 20,00,000/- per hectare for the purposes of compensation. Prima facie, contention of learned counsel for the petitioner is correct. Only the Reference

Court has enhanced upto Rs. 20,00,000/- in that particular case of Sawantram in other cases it is not Rs. 20,00,000/-. Had it been a case that the High Court has decided the case of Sawantram by fixing the case of Rs. 20,00,000/- of compensation per hectare then other land owners would have claimed the same.

The operation of impugned order dated 06.01.2023 (Annexure P/1) shall remain stayed till the next date of hearing.

Certified copy as per rules.

Signature Not Verified Signed by: PRAVEEN Signing time: 31-10-

2023 18:43:16

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 31-10-

2023 18:43:16