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Madhya Pradesh High Court
Mahavirprasad vs The State Of Madhya Pradesh on 8 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:35972
1 FA-743-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
ON THE 8 th OF DECEMBER, 2025
FIRST APPEAL No. 743 of 2018
MAHAVIRPRASAD AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr.Somesh Gobhuj, learned counsel for the appellants.
Mr.Vishwajit Joshi, learned Additional Advocate General with Ms.
Mridula Sen, learned Government Advocate for the respondent / State.
ORDER
The present appeal has been filed under Section 54 of the Land
Acquisition Act, 1894 against the judgment passed by the II Additional
District Judge, Shujalpur, District Shajapur in a proceeding instituted under
Section 18 of the Land Acquisition Act, 1894.
2. It is admitted by both the parties that the present appeal arises out of
acquisition proceedings concerning agricultural land situated in Gram Ramdi,
Teh. Kalapipal, District Shajapur.
3. It is also not disputed that the land acquisition proceedings pertains
to the same series of cases that were decided by this Court vide common
order dated 04.04.2025 in F.A. No.741/2018 (Badriprasad vs. The State of
Madhya Pradesh and Others) etc. The issue in the present case relates to the
application of interest from the date of possession till the date of payment.
NEUTRAL CITATION NO. 2025:MPHC-IND:35972
2 FA-743-2018
4. While considering identical facts in the same acquisition
proceedings, this Court has decided the issue in favour of the agriculturists /
landowners as set out in paras 17 and 18 in the following manner :
"17. So far as the first appeals filed by the land owners are
concerned, appellants therein are mainly aggrieved by non-
grant of interest from the date of dispossession. Admittedly,
these lands belonging to them were taken by the Government
for the construction of the road without acquisition and
compensation. They approached this Court by way of a writ
petition complaining about acquisition and compensation as
per law. Thereafter, the Government issued notifications
under the Land Acquisition Act for the purpose of acquiring
their lands. Therefore, though the notification under Section
4 of the Land Acquisition Act, 1894 was issued later on, they
were dispossessed much before that hence, they are entitled
to interest from the date of dispossession. This Court in case
o f State of Madhya Pradesh V/s Garud Chaturvedi and
others, 1996 MPLJ 1064, Land Acquisition Collector V/s
Surjit Singh, 2018 AIR CC 2819 (HP) and State of M.P. and
others V/s Shobha Bai Singh and others, ILR 2009 MP 1603
held that interest on compensation is liable to be paid from
the date of dispossession not from the date of notification.
18. In view of the above, First Appeal Nos.741 of 2018, 742
of 2018 and 783 of 2018 filed by the land owners are
allowed, and the impugned award is modified accordingly.
The respondents are directed to recalculate the additional
amount of interest from the date of possession till the date of
notification and pay the same to the appellants within 90 days
from today."
5. Learned Government Advocate, although attempted to demonstrate
that interest cannot be granted from the date of acquisition / possession of the
land, however, is not in a position to dispute the fact that this Court has
already decided the issue in the cases related to same acquisition proceedings
with respect to other landowners in the above-mentioned bunch of cases.
6. In view of the same, the present appeal stands allowed in
accordance with the direction issued by this Court in para 18 of the above-
mentioned order in the case of Badriprasad (Supra) . The respondents are
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3 FA-743-2018
directed to recalculate the additional amount of interest from the date of
possession till the notification and pay the same to the appellants within 90
days from the date of receipt of this order.
7. With the aforesaid, the present appeal stands disposed of.
Certified copy as per rules.
(PAVAN KUMAR DWIVEDI)
JUDGE
Anushree
