Madhya Pradesh High Court
The State Of Madhya Pradesh vs Laxminarayan Deceased Thr. Lrs. Smt. ... on 8 August, 2024
NEUTRAL CITATION NO. 2024:MPHC-IND:23755
IN THE HIGH COURT OF MADHYA PRADESH
AT I N DOR E
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 8th OF AUGUST, 2024
MISC. PETITION No. 3833 of 2023
THE STATE OF MADHYA PRADESH
Versus
LAXMINARAYAN DECEASED THR. LRS. SMT. KAMLABAI AND
OTHERS
MISC. PETITION No. 4201 of 2023
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
BANWARILAL S/O LEELADHAR (DECEASED) THROUGH LEGAL
REPRESENTATIVE WIFE SMT. SORAMBAI
Appearance:
Shri Romil Verma appearing on behalf of Advocate General.
Shri Panna Lal Choudhary, learned counsel for the Respondent [R-1].
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ORDER
Since the issue involved in this Misc.Petitions are common, thus
both are being decided by this common. For the sake of connivance, the
facts of Misc.Petition No.3833/2023 are being taken for deciding the
controversy involved herein.
This Misc. Petition under Article 227 of the Constitution of India is
preferred challenging the legality of order dated 06.01.2023 (Annexure P/1)
passed by VIII Additional District Judge, Indore whereby the objection of the
petitioner/judgment debtor regarding calculation sheet/computation sheet of
due amount payable in execution of award dated 10.02.2018 (Annexure P/2)
in First Appeal No.813/2010 by High Court of Madhya Pradesh, Bench at
Indore has been rejected.
Facts of the case in short are as under:-
[2] The land of the respondents was acquired. An award was passed in Land
Acquisition case No.26/2009 (Annexure P/3) dated 20.05.2010 by 8th
Additional District Judge, Indore. The award was challenged by the
respondents/applicants vide First Appeal No.813/2010 before the High Court
of Madhya Pradesh at Indore Bench.
[3] In the Lok Adalat dated 10.02.2018, parties have entered into
compromise and award (Annexure P/2) was passed in following terms;-
Para 6 and 7 is reproduced below:-
"6. In view of the aforesaid, we dispose of bunch of ten
first appeals on the same terms and the aforesaid decision
of this Court [order dated 09.09.2017 passed by this Court
in First Appeal No.799/2010 Devkaran @ Devram s/o
Badrilal and three others v. The State of Madhya Pradesh
& another] shall apply mutatis mutandis in this bunch of
ten first appeals also, subject to the decision of the Hon'ble
Supreme Court, if any Petition (s) for Special Leave to
Appeal in this matter is filed by either party. Original order
be retained in First Appeal No.810/2010 and a copy thereof
be retained in connected cases.
7. Since the matter has been settled between the parties in
this Lok Adalat, the Court fees, if any, paid by the
claimant(s) be refunded, without any deduction on issuing
certificate by the Registry, in view of the direction given by
Division Bench of this court in case of Ramesh Chandra v.
State of M.P. (ILR 2012 MP 320)''
[4] The execution was filed and respondents submitted calculation sheet
as per award but petitioner/judgment debtor raised the objection submitting
that the matter of Sawantram relating to First Appeal No.130/2012 relates to
irrigated land whereas the matter of respondents relates to unirrigated land.
[5] The Executing Court rejected the objection, thus present Misc. Petition
has been filed.
I have heard learned counsel for the parties and perused the record.
[6] Matter of Devkaran referred in para 6 of the Annexure P/6 was
disposed of vide award dated 09.09.2017 which refers to the matter of State
of M.P.and another Vs. Sawantram and two others in First Appeal
No.130/2012 and the matter of Sawantram (FA No.130/2012 was disposed of
by High Court of M.P.Bench at Indore in which challenge to enhancement of
compensation by Reference Court to the tune of Rs. 20 lakh per hectare apart
from solatium was rejected at admission stage. Annexure P/5 does not
disclose that there was separate compensation for unirrigated land. In the
Sawantram only one rate of compensation is mentioned and that rate is of
Rs.20 lakhs per hectare.
Accordingly, this Misc. Petition has no substance and accordingly,
M.P. No. 3833/2023 is dismissed.
In light of order passed in Misc. Petition No.3833/2023, the
Misc.Petition No.4201/2023 is also dismissed.
Copy of this order be placed in connected Misc.Petition.
(GAJENDRA SINGH)
JUDGE
Praveen
