Madhya Pradesh High Court

The State Of Madhya Pradesh vs Niranjanlal Halwai on 1 April, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

          NEUTRAL CITATION NO. 2025:MPHC-JBP:15896




                                                                1                                    FA-1577-2019
                              IN        THE    HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                     ON THE 1 st OF APRIL, 2025
                                                   FIRST APPEAL No. 1577 of 2019
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                                                         Versus
                                                  NIRANJANLAL HALWAI
                           Appearance:
                              Shri Aaditya Choubey - Government Advocate for the appellants/State.
                              Shri Shubham Dhagat - Advocate for the respondent.

                                                                    ORDER

This appeal is preferred by the State under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') against the award dated 01/05/2014 passed by the Additional District Judge, Teonthar, District Rewa in Land Acquisition Case No.47/2012 by which amount of compensation awarded by the Land Acquisition Officer has been enhanced considering the acquired piece of land to be of residential use, whereas Land Acquisition Officer had considered it to be agriculture land.

2. Record is received. The facts of the case are that a small piece of land situated nearby National Highway No.27, Rewa Allahabad Road, owned by the respondent was acquired for construction of Border Check Post on NH-27, Mangawan to Chakghat 4-Lane Road, regarding which notification required under Section 4 & 6 of the Land Acquisition Act were published on 02/09/2010 and 24/09/2010 respectively. Thereafter, Land Acquisition Officer passed its award on 12/05/2011 of Rs.30,800/- for plot and

NEUTRAL CITATION NO. 2025:MPHC-JBP:15896

2 FA-1577-2019 Rs.9,02,790/- for house i.e. total Rs.9,33,590/- along with interest and solatium. Against the said order, the respondent filed an application under Section 18(1) of the Act before the Collector for making a reference to the District Judge with the prayer of enhancing the award passed by the Land Acquisition Officer. After considering the oral and documentary evidence, the Reference Court found that Land Acquisition Officer had awarded less amount which vide impugned award dated 01/05/2014 has been enhanced by the Reference Court to Rs.16,24,480/- including 12% future interest and 30% solatium.

3. There is delay in filing this appeal, therefore, appellant/State has filed I.A.No.11045 of 2019 for condonation of delay. The delay is of 1321

days.

4. Learned counsel for the appellant submits that the impugned order was passed in the year 2014 and in some cases in the year 2015 thereafter permission was sought for preferring the First Appeal before the High Court. Thereafter, Divisional Manager, MP Road Development Corporation was appointed as OIC in the case. It is further submitted that there were several cases as many as 127. Thereafter, after collecting all the relevant record of the case and certified copy of the orders, OIC visited Advocate General Office and thereafter filed the present appeal in the year 2019.

5. Learned counsel for the respondent submits that the similar connected appeals arising out of the same project, same Acquisition Officer, same Reference Court and same District preferred by the State have been dismissed by the Hon'ble co-ordinate Bench of this Court vide judgment

NEUTRAL CITATION NO. 2025:MPHC-JBP:15896

3 FA-1577-2019 dated 03/03/2025 in First Appeal No.2538 of 2018 and other 59 connected appeals on merits.

6. Heard learned counsel for the parties and perused the record and the judgment passed in connected appeals.

7. It is seen that the other connected appeals preferred by the State for reduction of the compensation which was enhanced by reference Court have been dismissed vide common judgment dated 03/03/2025 and the reasons assigned in the application for condoning the delay are not sufficient to condone the delay. In view of the aforesaid, I.A.No.11045 of 2019 for condonation of delay is dismissed. Consequently, the First Appeal is also hereby dismissed.

(AVANINDRA KUMAR SINGH) JUDGE