Madhya Pradesh High Court
National Thermal Corporation Ltd. vs Asheswari Singh on 26 February, 2024
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 26 th OF FEBRUARY, 2024
MISC. APPEAL No. 1196 of 2019
BETWEEN:-
NATIONAL THERMAL CORPORATION LTD.
VINDHYACHAL SUPER THERMAL POWER PROJECT,
POST VINDHYANAGAR, DISTRICT SINGRAULI (M.P.)
THR.GROUP GENERAL MANAGER VINDHYACHAL
SUPER THERMAL POWER PROJECT, POST
VINDHYANAGAR, DIST. SINGRAULI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI BRIAN DA'SILVA - SENIOR ADVOCATE WITH SHRI AMANN
KHAN - ADVOCATE)
AND
1. ASHESWARI SINGH S/O SHRI RAJESHWARI
SINGH, AGED ABOUT 75 YEARS, OCCUPATION:
AGRICULTURIST R/O VILLAGE TALI, POST
WAIDHAN, TAH. AND DISTT. SINGRAULI
(MADHYA PRADESH)
2. VIN D HYES HWAR I SINGH S/O RAJESHWARI
SINGH, AGED ABOUT 65 YEARS, OCCUPATION:
AGR ICULTUR IST AND JOB RESIDENT OF
VILLAGE TALI POST WAIDHAN TEHSIL AND
DISTT SINGRAULI (MADHYA PRADESH)
3. STATE OF MADHYA PRADESH THROUGH
COLLECTOR SINGRAULI (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO.1 AND 2 BY SHRI JAI SHUKLA - ADVOCATE)
(STATE/RESPONDENT NO.3 BY SMT. TULSA KOSHTA - PANEL LAWYER)
T h is appeal coming on for orders this day, t h e cou rt passed the
following:
ORDER
Earlier this case was finally disposed of on 18.1.2024 in the absence of
appellant, therefore, liberty was granted to appellant that he would be aggrieved
by order, he may seek review of order. Therefore, appellant filed
I.A.No.1254/2024 seeking review of order dated 18.1.2024. Though this case is
listed for orders on aforesaid interlocutory application, however, with the
consent of learned counsel for the parties is heard finally.
2. Learned Senior Advocate for the appellant/NTPC submits that the
suit pending in the trial Court at Singrauli is at the stage of framing of issues.
Learned counsel for the appellant submits that initially regarding the suit land
which was acquired there was some litigation between private person and State.
Ultimately, the private person i.e. respondents No.1 and 2 who were fighting
with the Government won the case. Land has been acquired and township and
power plant have been constructed. Since the land was acquired in the year
1983, compensation as per Land Acquisition Act, 1894 has been deposited with
the Land Acquisition Officer Singrauli, but now the respondent/defendant wants
the compensation as per Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 which normally cannot
be granted because the date of acquisition is important in the light of judgments
of the Hon'ble Supreme Court passed in the cases of Land Acquisition of
Collector and another vs. B.S. Dhillon and others, 2023(4) SCC 377, and
Delhi Development Authority vs. Jagan Singh, AIR 2023 SC 3421.
3. Since the controversy regarding the total compensation under
which Act to be paid is to be decided in the suit pending in the trial Court and
on the last date of hearing, a six months period was given to the trial Court to
decide the suit on merit vide order dated 18.01.2024.
4. Therefore, with the consent of learned counsel for the parties, this
miscellaneous appeal is disposed of with a direction that the compensation shall
be as decided by the concerned Court and let the suit be decided expeditiously.
As the compensation has already been deposited by the NTPC, respondents
are entitled to withdraw that compensation and withdrawal of compensation
shall not be taken as surrendering of their rights to agitate all issues before the
Court.
5. Final payment of compensation will depend on the outcome of the
suit case No.196-A/2017 pending in the Court of 4th Additional District Judge,
Singrauli.
6. On the request of learned counsel for the parties, it is again
reiterated that suit be disposed of expeditiously within a period of six months
from receiving certified copy of this order.
7. Accordingly, this Misc.Appeal is finally disposed of.
(AVANINDRA KUMAR SINGH)
JUDGE
ak
