Madhya Pradesh High Court
The State Of Madhya Pradesh vs Shyamsundar on 3 March, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
FA No.2538/2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
(1) FIRST APPEAL No. 2538 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAMESH SINGH
WITH
(2) FIRST APPEAL No. 2542 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
KEDARNATH GUPTA AND ANOTHER
WITH
(3) FIRST APPEAL No. 2543 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. GUDDI KESHARWANI AND ANOTHER
WITH
(4) FIRST APPEAL No. 2544 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAMESH CHANDRA GUPTA
WITH
(5) FIRST APPEAL No.2545 of 2018
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
2
FA No.2538/2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. SAROJ SINGH AND OTHERS
WITH
(6) FIRST APPEAL No.2547 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
USHA DEVI
WITH
(7) FIRST APPEAL No.2548 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
DURGA PRASAD AND ANOTHER
WITH
(8) FIRST APPEAL No.2549 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RASHMI TAMRAKAR AND ANOTHER
WITH
(9) FIRST APPEAL No.2550 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAJBAHADUR SINGH
WITH
(10) FIRST APPEAL No.2551 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
3
FA No.2538/2018
Versus
HANUMAN PRASAD KESHARWANI
WITH
(11) FIRST APPEAL No.2552 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SATEESH KUMAR AND OTHERS
WITH
(12) FIRST APPEAL No.2553 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
MANOJ KUMAR AND ANOTHER
WITH
(13) FIRST APPEAL No.2554 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. SUDHA DEVI
WITH
(14) FIRST APPEAL No.2555 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAMRATI AND ANOTHER
WITH
(15) FIRST APPEAL No.2556 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
4
FA No.2538/2018
ACHHELAL
WITH
(16) FIRST APPEAL No.2557 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
NARENDRA PRASAD AND ANOTHER
WITH
(17) FIRST APPEAL No.2558 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SHRI KESHARWANI AND ANOTHER
WITH
(18) FIRST APPEAL No.2559 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
KANHAIYALAL AND ANOTHER
WITH
(19) FIRST APPEAL No.2560 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SURYAKALI AND ANOTHER
WITH
(20) FIRST APPEAL No.2561 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. SUSHMA DIWVEDI
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
5
FA No.2538/2018
WITH
(21) FIRST APPEAL No.2562 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
PRADEEP KUMAR SINGH AND ANOTHER
WITH
(22) FIRST APPEAL No.2564 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. SHEELA DEVI UPADHAYA
WITH
(23) FIRST APPEAL No.2565 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
UPMA
WITH
(24) FIRST APPEAL No.2566 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAKESH KUMAR SHUKLA
WITH
(25) FIRST APPEAL No.2567 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
MOHD. AAYUB AND ANOTHER
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
6
FA No.2538/2018
WITH
(26) FIRST APPEAL No.2568 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
TRIBHUVAN AND ANOTHER
WITH
(27) FIRST APPEAL No.2569 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
DEEPCHAND AND ANOTHER
WITH
(28) FIRST APPEAL No.2570 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
VIJAY KUMAR JAISWAL
WITH
(29) FIRST APPEAL No.2571 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. REKHA NISHAD AND ANOTHER
WITH
(30) FIRST APPEAL No.2572 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SUNITA DEVI AND ANOTHER
WITH
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
7
FA No.2538/2018
(31) FIRST APPEAL No.2574 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
ANIL KUMAR GUPTA
WITH
(32) FIRST APPEAL No.2575 of 2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
MUNNI BAI
WITH
(33) FIRST APPEAL No.147 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
KAMTA PRASAD AND ANOTHER
WITH
(34) FIRST APPEAL No.148 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
LAXMAN PRASAD KESHARWANI AND ANOTHER
WITH
(35) FIRST APPEAL No.149 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
KUSUMKALI AND OTHERS
WITH
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
8
FA No.2538/2018
(36) FIRST APPEAL No.150 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
KUSUM AND ANOTHER
WITH
(37) FIRST APPEAL No.151 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
ASHA DEVI AND ANOTHER
WITH
(38) FIRST APPEAL No.152 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
YOGENDRA SINGH AND ANOTHER
WITH
(39) FIRST APPEAL No.153 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
BASANTALAL
WITH
(40) FIRST APPEAL No.154 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
AADHYA DEVI AND ANOTHER
WITH
(41) FIRST APPEAL No.155 of 2019
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
9
FA No.2538/2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
BHIYALAL GUPTA
WITH
(42) FIRST APPEAL No.156 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
PRASHANT KUMAR AND ANOTHER
WITH
(43) FIRST APPEAL No.157 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAJKAMAL AND OTHERS
WITH
(44) FIRST APPEAL No.158 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
NIRMALA SINGH AND ANOTHER
WITH
(45) FIRST APPEAL No.159 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAMESHWAR PRASAD AND OTHERS
WITH
(46) FIRST APPEAL No.161 of 2019
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
10
FA No.2538/2018
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
UDAY NARAYAN AND ANOTHER
WITH
(47) FIRST APPEAL No.167 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
GEETA KESHARWANI AND ANOTHER
WITH
(48) FIRST APPEAL No.170 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
MANOJ KUMAR
WITH
(49) FIRST APPEAL No.171 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SUNIL KUMAR GUPTA AND ANOTHER
WITH
(50) FIRST APPEAL No.174 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SHANTI SINGH AND OTHERS
WITH
(51) FIRST APPEAL No.175 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
11
FA No.2538/2018
Versus
SHYAMSUNDAR AND ANOTHER
WITH
(52) FIRST APPEAL No.179 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. SUCHISTMA DEVI AND ANOTHER
WITH
(53) FIRST APPEAL No.180 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
GULAB CHANDRA PATEL AND ANOTHER
WITH
(54) FIRST APPEAL No.181 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
MAHESH PRASAD
WITH
(55) FIRST APPEAL No.1570 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
RAMAWADH PAL
WITH
(56) FIRST APPEAL No.1571 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
12
FA No.2538/2018
SHYAMBIHARI AND ANOTHER
WITH
(57) FIRST APPEAL No.1575 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
MADAN MOHAN AND ANOTHER
WITH
(58) FIRST APPEAL No.1576 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
SMT. PHOOLKALI AND ANOTHER
WITH
(59) FIRST APPEAL No.1578 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
DINESH KUMAR AND OTHERS
AND
(60) FIRST APPEAL No.1579 of 2019
THE STATE OF MADHYA PRADESH AND ANOTHER
Versus
BASANT LAL AND ANOTHER
----------------------------------------------------------------------------------------------------------------
Appearance :
Shri Aditya Choubey - G.A., Shri Amit Kumar Sharma- G.A., Shri Mohan Sausarkar -
G.A., Shri K.S. Baghel - G.A., Shri Abhishek Singh - G.A., Shri R.D. Padraha - G.A.,
Shri Vineet Singh - G.A., Shri Alok Agnihotri - G.A. and Shri Dinesh Patel - G.A. for
the appellants/State.
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 3/4/2025
5:16:05 PM
13
FA No.2538/2018
Shri Bhupendra Kumar Shukla, Shri Umesh Shrivastava, Shri Lawkush Prasad
Mishra, Shri Krishana Kumar Gautam, Shri Vikas Singh, Shri Umesh Tripahi, Shri
Siddharth Singh, Shri Dhananjay Chaturvedi, Shri Ramashankar Mishra, Shri Vinod
Kumar Tiwari, Shri Anoop Kumar Shukla, Shri Ramsuphal Chaturvedi, Shri J.N.
Tripahi, Shri Arpan Shrivastava, Shri R.N. Dwivedi, Shri Ram Ji Shukla and Ms. Swati
Aseem George, Shri Santosh Sahu - Advocates for respondents.
----------------------------------------------------------------------------------------------------------
Reserved on : 10.02.2025
Pronounced on : ------03.2025
-----------------------------------------------------------------------------------------------------------
JUDGMENT
All the aforementioned first appeals having almost common
facts and questions of law, are preferred under Section 54 of the Land
Acquisition Act, 1894 (in short 'the Act') against the award passed by
Addl. District Judge, Teonthar, District Rewa in Land Acquisition
Cases by which amount of compensation awarded by Land
Acquisition Officer (in short 'LAO') has been enhanced considering
the acquired piece of land to be of residential use, whereas LAO had
considered it to be agriculture land.
2. Serial wise relevant and necessary facts of each case, are as
under :
1) In F.A. No.2538/2018, LAO had awarded an amount of
Rs.19,600/-, which vide impugned award dtd.17.03.2015 passed by
Reference Court, has been enhanced to Rs.6,18,240/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.380/4 area 0.028 hectare (280
sq. mtr.).
2) In F.A. No.2542/2018, LAO had awarded an amount of
Rs.25,200/-, which vide impugned award dtd.22.07.2014 passed by
Reference Court, has been enhanced to Rs.12,81,320/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.379/1ka/1 area 0.036 hectare
(360 sq. mtr.).
3) In F.A. No.2543/2018, LAO had awarded an amount of
Rs.11,200/-, which vide impugned award dtd.03.07.2014 passed by
Reference Court, has been enhanced to Rs.4,82,240/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no. 299/6 area 0.016 hectare
(160 sq. mtr.).
4) In F.A. No.2544/2018, LAO had awarded an amount of
Rs.4,200/-, which vide impugned award dtd.01.05.2014 passed by
Reference Court, has been enhanced to Rs.2,16,840/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/1Ja area 0.006 hectare
(60 sq. mtr.).
5) In F.A. No.2545/2018, LAO had awarded an amount of
Rs.7,000/-, which vide impugned award dtd.15.05.2014 passed by
Reference Court, has been enhanced to Rs.3,34,470/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.289/1/5 area 0.010 hectare
(101 sq. mtr.).
6) In F.A. No.2547/2018, LAO had awarded an amount of
Rs.16,800/-, which vide impugned award dtd.12.05.2015 passed by
Reference Court, has been enhanced to Rs.5,96,160/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 daa area 0.024 hectare
(240 sq. mtr.).
7) In F.A. No.2548/2018, LAO had awarded an amount of
Rs.33,600/-, which vide impugned award dtd.16.05.2014 passed by
Reference Court, has been enhanced to Rs.15,87,096/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3ka/3 area 0.008 hectare
(80 sq. mtr.), survey no.285/3da/2 area 0.008 hectare (80 sq. mtr.) and
survey no.285/3 va/3 area 0.032 hectare (320 sq. mtr.).
8) In F.A. No.2549/2018, LAO had awarded an amount of
Rs.5,600/-, which vide impugned award dtd.28.11.2015 passed by
Reference Court, has been enhanced to Rs.1,98,720/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.289/1/3 area 0.008 hectare
(80 sq. mtr.).
9) In F.A. No.2550/2018, LAO had awarded an amount of
Rs.32,900/-, which vide impugned award dtd.14.01.2015 passed by
Reference Court, has been enhanced to Rs.14,26,920/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.291/2/2 area 0.047 hectare
(470 sq. mtr.).
10) In F.A. No.2551/2018, LAO had awarded an amount of
Rs.14,000/-, which vide impugned award dtd.03.10.2015 passed by
Reference Court, has been enhanced to Rs.5,52,000/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/7 area 0.020 hectare (200
sq. mtr.).
11) In F.A. No.2552/2018, LAO had awarded an amount of
Rs.22,400/-, which vide impugned award dtd.26.10.2015 passed by
Reference Court, has been enhanced to Rs.5,29,920/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3/khaa area 0.020 hectare
(200 sq. mtr.) and survey no.285/3/khaa/1 area 0.012 hectare (120 sq.
mtr.).
12) In F.A. No.2553/2018, LAO had awarded an amount of
Rs.25,200/-, which vide impugned award dtd.23.07.2015 passed by
Reference Court, has been enhanced to Rs.10,92,960/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.379/1ka/2 area 0.036 hectare
(360 sq. mtr.).
13) In F.A. No.2554/2018, LAO had awarded an amount of
Rs.7,700/-, which vide impugned award dtd.15.05.2015 passed by
Reference Court, has been enhanced to Rs.3,03,600/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3Khaa area 0.011 hectare
(110 sq. mtr.).
14) In F.A. No.2555/2018, LAO had awarded an amount of
Rs.15,400/-, which vide impugned award dtd.09.05.2014 passed by
Reference Court, has been enhanced to Rs.7,45,200/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.382/2 ga area 0.022 hectare
(225 sq. mtr.).
15) In F.A. No.2556/2018, LAO had awarded an amount of
Rs.11,200/-, which vide impugned award dtd.08.07.2014 passed by
Reference Court, has been enhanced to Rs.4,82,240/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 gha area 0.016 hectare
(160 sq. mtr.).
16) In F.A. No.2557/2018, LAO had awarded an amount of
Rs.19,600/-, which vide impugned award dtd.11.08.2014 passed by
Reference Court, has been enhanced to Rs.8,49,413/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.381/5 aa area 0.028 hectare
(280 sq. mtr.).
17) In F.A. No.2558/2018, LAO had awarded an amount of
Rs.1,07,800/-, which vide impugned award dtd.15.09.2015 passed by
Reference Court, has been enhanced to Rs.22,95,216/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 sha area 0.154 hectare
(1540 sq. mtr.).
18) In F.A. No.2559/2018, LAO had awarded an amount of
Rs.1,02,000/-, which vide impugned award dtd.11.02.2015 passed by
Reference Court, has been enhanced to Rs.3,64,320/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 dha area 0.012 hectare
(120 sq. mtr.).
19) In F.A. No.2560/2018, LAO had awarded an amount of
Rs.5,600/-, which vide impugned award dtd.05.10.2015 passed by
Reference Court, has been enhanced to Rs.1,76,640/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.380/1 Jha area 0.008 hectare
(80 sq. mtr.).
20) In F.A. No.2561/2018, LAO had awarded an amount of
Rs.9,800/-, which vide impugned award dtd.11.02.2015 passed by
Reference Court, has been enhanced to Rs.4,09,860/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.380/1 cha area 0.014 hectare
(135 sq. mtr.).
21) In F.A. No.2562/2018, LAO had awarded an amount of
Rs.11,200/-, which vide impugned award dtd.03.07.2014 passed by
Reference Court, has been enhanced to Rs.4,60,360/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.293/1 Kha area 0.016 hectare
(160 sq. mtr.).
22) In F.A. No.2564/2018, LAO had awarded an amount of
Rs.19,600/-, which vide impugned award dtd.18.03.2015 passed by
Reference Court, has been enhanced to Rs.6,15,612/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.382/2/gha area 0.028 hectare
(278.81 sq. mtr.).
23) In F.A. No.2565/2018, LAO had awarded an amount of
Rs.9,800/-, which vide impugned award dtd.26.08.2014 passed by
Reference Court, has been enhanced to Rs.3,60,180/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.380/7 area 0.014 hectare (145
sq. mtr.).
24) In F.A. No.2566/2018, LAO had awarded an amount of
Rs.9,600/-, which vide impugned award dtd.06.05.2015 passed by
Reference Court, has been enhanced to Rs.3,09,120/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.381/1 kha area 0.014 hectare
(140 sq. mtr.).
25) In F.A. No.2567/2018, LAO had awarded an amount of
Rs.8,400/-, which vide impugned award dtd.05.07.2014 passed by
Reference Court, has been enhanced to Rs.4,27,440/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 ba/2 area 0.012 hectare
(120 sq. mtr.).
26) In F.A. No.2568/2018, LAO had awarded an amount of
Rs.16,800/-, which vide impugned award dtd.15.05.2014 passed by
Reference Court, has been enhanced to Rs.5,35,626/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 ja area 0.024 hectare
(242 sq. mtr.).
27) In F.A. No.2569/2018, LAO had awarded an amount of
Rs.10,500/-, which vide impugned award dtd.27.06.2014 passed by
Reference Court, has been enhanced to Rs.4,52,100/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.313/1 kha area 0.015 hectare
(150 sq. mtr.).
28) In F.A. No.2570/2018, LAO had awarded an amount of
Rs.2,15,000/-, which vide impugned award dtd.11.09.2015 passed by
Reference Court, has been enhanced to Rs.2,69,280/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.295/1 da/2 area 0.008 hectare
(80 sq. mtr.).
29) In F.A. No.2571/2018, LAO had awarded an amount of
Rs.4,200/-, which vide impugned award dtd.21.07.2014 passed by
Reference Court, has been enhanced to Rs.2,08,973/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/1ja/1 area 0.006 hectare
(69.70 sq. mtr.).
30) In F.A. No.2572/2018, LAO had awarded an amount of
Rs.8,400/-, which vide impugned award dtd.26.06.2014 passed by
Reference Court, has been enhanced to Rs.3,61,680/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 area 0.012 hectare (120
sq. mtr.).
31) In F.A. No.2574/2018, LAO had awarded an amount of
Rs.16,800/- (14,000+2,800) which vide impugned award
dtd.18.08.2015 passed by Reference Court, has been enhanced to
Rs.5,29,920/- (including 12% interest and 30% solatium) along with
future interest @ 9% p.a. against acquisition of land of survey
no.380/3 area 0.020 hectare (200 sq. mtr.) and survey no.381/6 area
0.004 hectare (40 sq.mtr.)
32) In F.A. No.2575/2018, LAO had awarded an amount of
Rs.8,400/-, which vide impugned award dtd.29.07.2016 passed by
Reference Court, has been enhanced to Rs.3,31,200/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.381/1/cha area 0.012 hectare
(120 sq. mtr.).
33) In F.A. No.147/2019, LAO had awarded an amount of
Rs.67,900/-, which vide impugned award dtd.18.09.2014 passed by
Reference Court, has been enhanced to Rs.20,61,444/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.379/1 kha area 0.097 hectare
(970 sq. mtr.).
34) In F.A. No.148/2019, LAO had awarded an amount of Rs.4,200/-,
which vide impugned award dtd.17.09.2014 passed by Reference
Court, has been enhanced to Rs.1,38,607/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.380/1 chha area 0.006 hectare (55.8
sq. mtr.).
35) In F.A. No.149/2019, LAO had awarded an amount of
Rs.5,60,000/-, which vide impugned award dtd.25.02.2015 passed by
Reference Court, has been enhanced to Rs.48,57,600/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.288 area 0.390 hectare and
survey no.291/1 area 0.410 hectare total area 8000 sq. mtr. out of
which half share belongs to appellant i.e. 4000 sq. mtr.
36) In F.A. No.150/2019, LAO had awarded an amount of Rs.8,400/-,
which vide impugned award dtd.10.10.2014 passed by Reference
Court, has been enhanced to Rs.3,64,320/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.285/3 ta/2 area 0.012 hectare (120 sq.
mtr.).
37) In F.A. No.151/2019, LAO had awarded an amount of Rs.9,800/-,
which vide impugned award dtd.09.05.2014 passed by Reference
Court, has been enhanced to Rs.4,32,192/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.311/5 area 0.014 hectare (144.98 sq.
mtr.).
38) In F.A. No.152/2019, LAO had awarded an amount of
Rs.1,90,400/-, which vide impugned award dtd.08.09.2014 passed by
Reference Court, has been enhanced to Rs.27,96,432/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.299/1 area 0.174 hectare
(1740 sq. mtr.) and survey no.310/1 area 0.098 hectare (980 sq.mt.).
39) In F.A. No.153/2019, LAO had awarded an amount of
Rs.16,800/-, which vide impugned award dtd.18.08.2015 passed by
Reference Court, has been enhanced to Rs.5,96,160/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 taa area 0.024 hectare
(240 sq. mtr.).
40) In F.A. No.154/2019, LAO had awarded an amount of
Rs.16,800/-, which vide impugned award dtd.14.10.2014 passed by
Reference Court, has been enhanced to Rs.5,96,160/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 cha area 0.024 hectare
(240 sq. mtr.).
41) In F.A. No.155/2019, LAO had awarded an amount of Rs.8,400/-,
which vide impugned award dtd.17.12.2015 passed by Reference
Court, has been enhanced to Rs.2,98,080/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.285/3 la area 0.012 hectare (120 sq.
mtr.).
42) In F.A. No.156/2019, LAO had awarded an amount of
Rs.10,500/-, which vide impugned award dtd.08.09.2014 passed by
Reference Court, has been enhanced to Rs.3,72,600/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.381/8 area 0.015 hectare (150
sq. mtr.).
43) In F.A. No.157/2019, LAO had awarded an amount of
Rs.19,600/-, which vide impugned award dtd.10.10.2014 passed by
Reference Court, has been enhanced to Rs.6,95,520/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.382/3 area 0.028 hectare (280
sq. mtr.).
44) In F.A. No.158/2019, LAO had awarded an amount of
Rs.43,400/-, which vide impugned award dtd.18.12.2014 passed by
Reference Court, has been enhanced to Rs.5,96,160/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.311/2 area 0.024 hectare (240
sq. mtr.).
45) In F.A. No.159/2019, LAO had awarded an amount of
Rs.22,400/-, which vide impugned award dtd.18.09.2014 passed by
Reference Court, has been enhanced to Rs.9,71,520/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/15 area 0.032 hectare
(320 sq. mtr.).
46) In F.A. No.161/2019, LAO had awarded an amount of Rs.9,800/-,
which vide impugned award dtd.15.10.2014 passed by Reference
Court, has been enhanced to Rs.3,47,760/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.381/10 area 0.014 hectare (140 sq.
mtr.).
47) In F.A. No.167/2019, LAO had awarded an amount of Rs.3,500/-,
which vide impugned award dtd.17.09.2014 passed by Reference
Court, has been enhanced to Rs.1,24,200/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.380/1 ba area 0.005 hectare (50 sq.
mtr.).
48) In F.A. No.170/2019, LAO had awarded an amount of
Rs.8,86,400/- which vide impugned award dtd.06.01.2016 passed by
Reference Court, has been enhanced to Rs.15,87,096/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 ka/1 area 0.008 hectare
(80 sq. mtr.), survey no.285/3 da/1 area 0.008 hectare (80 sq. mtr.)
and survey no.285/3 tra /1 area 0.032 hectare (320 sq. mtr.).
49) In F.A. No.171/2019, LAO had awarded an amount of
Rs.44,800/-, which vide impugned award dtd.01.08.2014 passed by
Reference Court, has been enhanced to Rs.7,32,524/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/10 area 0.020 hectare
(223 sq. mtr.).
50) In F.A. No.174/2019, LAO had awarded an amount of
Rs.32,900/-, which vide impugned award dtd.05.09.2014 passed by
Reference Court, has been enhanced to Rs.14,26,920/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.291/2/1 area 0.047 hectare
(470 sq. mtr.).
51) In F.A. No.175/2019, LAO had awarded an amount of Rs.3,500/-,
which vide impugned award dtd.09.10.2014 passed by Reference
Court, has been enhanced to Rs.1,24,200/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.381/9 area 0.005 hectare (50 sq. mtr.).
52) In F.A. No.179/2019, LAO had awarded an amount of Rs.9,800/-,
which vide impugned award dtd.03.09.2014 passed by Reference
Court, has been enhanced to Rs.3,47,760/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.382/2 da area 0.014 hectare (140 sq.
mtr.).
53) In F.A. No.180/2019, LAO had awarded an amount of Rs.7,000/-,
which vide impugned award dtd.07.08.2014 passed by Reference
Court, has been enhanced to Rs.2,40,012/- (including 12% interest
and 30% solatium) along with future interest @ 9% p.a. against
acquisition of land of survey no.380/1 kha area 0.010 hectare (93 sq.
mtr.).
54) In F.A. No.181/2019, LAO had awarded an amount of
Rs.13,92,860/-, which vide impugned award dtd.06.01.2016 passed by
Reference Court, has been enhanced to Rs.15,87,096/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 ka/1 area 0.008 hectare
(80 sq. mtr.), survey no.285/3 da/3 area 0.008 hectare (80 sq.mt.) and
survey no.285/3 tra/3 area 0.032 hectare (320 sq.mt.) total area 480
sq.mt.
55) In F.A. No.1570/2019, LAO had awarded an amount of
Rs.4,900/-, which vide impugned award dtd.19.03.2015 passed by
Reference Court, has been enhanced to Rs.1,54,560/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.383/2 ga area 0.007 hectare
(70 sq. mtr.).
56) In F.A. No.1571/2019, LAO had awarded an amount of
Rs.5,600/-, which vide impugned award dtd.09.05.2014 passed by
Reference Court, has been enhanced to Rs.2,65,116/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 gha area 0.008 hectare
(80.56 sq. mtr.).
57) In F.A. No.1575/2019, LAO had awarded an amount of
Rs.8,400/-, which vide impugned award dtd.06.08.2014 passed by
Reference Court, has been enhanced to Rs.3,64,320/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.285/3 gha area 0.012 hectare
(120 sq. mtr.).
58) In F.A. No.1576/2019, LAO had awarded an amount of
Rs.5,600/-, which vide impugned award dtd.05.08.2015 passed by
Reference Court, has been enhanced to Rs.1,76,640/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.283/2/2 area 0.008 hectare
(80 sq. mtr.).
59) In F.A. No.1578/2019, LAO had awarded an amount of
Rs.9,800/-, which vide impugned award dtd.29.10.2014 passed by
Reference Court, has been enhanced to Rs.3,47,760/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.381/4 area 0.014 hectare (140
sq. mtr.).
60) In F.A. No.1579/2019, LAO had awarded an amount of
Rs.4,200/-, which vide impugned award dtd.23.02.2015 passed by
Reference Court, has been enhanced to Rs.1,69,284/- (including 12%
interest and 30% solatium) along with future interest @ 9% p.a.
against acquisition of land of survey no.379/1/5 area 0.006 hectare
(55.76 sq. mtr.).
3. Facts in short are that a small piece of land situated nearby
National Highway no.27, Rewa Allahabad Road, owned by the
respondents was acquired for construction of Border Check Post on
NH-27, Mangawan to Chakghat 4-Lane Road, regarding which
notifications required under section 4 and 6 of the Land Acquisition
Act were published on 02.09.2010 and 24.09.2010 respectively.
Thereafter, LAO passed its award on 12.05.2011 along with interest
and solatium.
4. Being aggrieved by the award passed by LAO, the respondents
filed their respective application(s) under Section 18(1) of the Land
Acquisition Act before the Collector for making a Reference to the
District Judge with the prayer of enhancing the award passed by LAO.
In support of their claim, the respondents adduced oral and
documentary evidence. In rebuttal, no evidence (either oral or
documentary) was adduced by the appellants. Upon due consideration
of the same, Reference Court found that acquired land is a small piece
of land and although is not situated at main road of National Highway
but is situated in developed area of Nagar Panchayat, hence calculated
the compensation per square metre as per relevant guidelines fixed by
the Collector.
5. Challenging the award passed by Reference Court, it is
submitted by learned counsel for the appellants that the land in
dispute was agriculture land, therefore, LAO rightly awarded the
compensation to the respondents but Reference Court has committed a
material illegality in awarding higher compensation (including
interest @12% p.a. and 30% solatium) along with interest @ 9% to
the respondents w.e.f. 12.05.2011 till realisation of the amount
treating the acquired land to be of residential use, whereas the
respondents have not produced any document to show that the
acquired land is of residential use.
6. Learned counsel for the appellants also submits that burden to
prove grant of inadequate compensation lies on the respondents/
beneficiaries, in absence whereof Reference Court has erred in
modifying and enhancing the well reasoned award only on the basis of
oral and inadmissible documentary evidence adduced by the
respondents. It is also submitted that in the existing circumstances,
reference was not maintainable on behalf of the respondents. In
support of their submissions, learned Counsels for the appellants
placed reliance on the decisions in the case of Kiran Tandon vs.
Allahabad Development Authority and Another, (2004) 10 SCC 745;
Sagunthala (Dead) Through LRs. vs. Special Tahsildar (Land
Acquisition) and Others, (2010) 3 SCC 661; Rajmani vs. Collector,
Raipur, (1996) 5 SCC 701; and Krishi Utpadan Mandi Samiti,
Sahaswan, District Badaun Thr. Its Secretary vs. Bipin Kumar and
Another, (2004) 2 SCC 283. As such learned counsels submit that no
interference was required in the award passed by LAO. With these
submissions learned Counsels pray for allowing the first appeals.
7. Per contra, learned counsels for the respondents supported the
award passed by Reference Court and pray for dismissal of first
appeals with the submissions that Reference Court has not committed
any illegality in determining the compensation taking into
consideration the acquired land to be of residential use because it was
a small piece of land and situated in developed area of Nagar
Panchayat. In support of their submissions learned counsels for the
respondents placed reliance on a coordinate Bench decision of this
Court in the case of State of Madhya Pradesh vs. Ravindra Kumar
Sharma, 2013(4) MPLJ 234 and pray for dismissal of first appeals.
8. Heard learned counsel for the parties and perused the record.
9. Undisputed facts are that a small piece of land owned by the
respondents was acquired. Since the respondents were not satisfied
with the compensation awarded by LAO, therefore, a Reference was
made and by the impugned award, Reference Court has held that the
land acquired under the notification was a small piece of land and
being situated in developed area, its compensation deserved to be
calculated on the basis of method of per square meter and not per
hectare.
10. At the same time Reference Court has also held that although the
land is not situated on the main road of National Highway but looking
to its small area, the same cannot be used for agriculture purpose and
consequently calculated the compensation on the basis of method of
per square metre, as per guidelines fixed by the Collector.
11. By examination of themselves and their witnesses as well as by
producing documentary evidence, the respondents tried to prove that
the land in question is not agricultural land but is situated in
developed area and is in residential as well as commercial use. In
absence of any rebuttal evidence on behalf of the appellants/State,
learned Reference Court accepted evidence of the respondents and
awarded the enhanced compensation holding the acquired land to be
in residential use.
12. It is relevant to mention here that in the context of land
acquisition and determination of compensation, it is established
position of law that a small piece of land, particularly when it is
situated in an urban or semi-urban area and intended for development
purposes, cannot be classified as agricultural land for compensation
purposes. In the cases in hand, the documents produced highlight that
the land in question was not used for agricultural purposes for a long
period and was located near a National Highway, indicating its
suitability for residential or commercial development.
13. In view of aforesaid decision in the case of State of Madhya
Pradesh vs. Ravindra Kumar Sharma (supra) and in my considered
opinion, for awarding just compensation, Reference Court does not
appear to have committed any illegality or mistake in treating the
small piece of land in residential use of the respondents.
14. Further, bare perusal of the decisions cited by learned counsels
for the appellants in the case of Kiran Tandon (supra), Sagunthala
(supra), Rajmani (supra), and Krishi Utpadan Mandi Samiti (supra),
depicts that all the four decisions are distinguishable on facts and do
not provide any help to the appellants.
15. Thus, this Court is of the considered opinion that Reference
Court has not committed any mistake in passing the impugned
award(s) and in enhancing the compensation treating the small piece(s)
of lands in residential use of the respective respondents.
16. Accordingly, there being no substance in the appeals, they fail
and are hereby dismissed.
17. Misc. application(s), pending if any, shall stand closed.
18. However, both the parties shall bear their own costs.
(DWARKA DHISH BANSAL)
JUDGE
SS
