Babulal S/O Punjraj vs Ida And Others

This appeal under Section 54 of the Land Acquisition Act, 1894 is directed against the award dated 08/03/2018 passed in Land Acquisition Case No.45/2009 by 6th Additional District Judge, Indore in respect of the acquisition of land of village Niranjanpur, District Indore for scheme No.114 of the I.D.A.

It is not been disputed by learned counsel for the parties that the issue involved in the present appeal is squarely covered by the award dated 22/04/2018 passed in F.A. No.268/2014 in a case of Pukhraj and others Vs. IDA and others and other connected bunch of appeals which itself were decided on the basis of the judgement dated 19/04/2018 passed in F.A. No.8/2013 in the case of Heerabai (deceased) through Dhulibai and others Vs. State of M.P. and others. The Division Bench in the case of Pukhraj has passed the following order:-

"With the consent of parties, this bunch of first appeals has been placed before this Lok Adalat under Section 20 of the Legal Services & Authorities Act, 1987.

This bunch of cases are related to Village Niranjanpur Tehsil and District Indore, etc. The land in question has been acquired by the IDA for Scheme No.114 (Part I). Similar notification was issued in respect of village Kabirkhedi and Niranjanpur.

The matter was discussed. After hearing Counsel appearing for both parties and after perusing the relevant record, we are of the considered opinion that the compensation awarded by the Tribunal is on lower side and deserves to be enhanced, as per the order passed in F.A.No.8 of 2013 on 19.4.2018.

Both the learned counsel for the parties have submitted that in case, if SLP is filed against the present appeals before Hon'ble the Supreme Court then, the order passed therein will be final and binding to all the parties and landowners shall be entitled for the compensation accordingly, as per the order of Apex Court.

The issue regarding grant of compensation to the land-owners of villages - Nirajanpur Tahsil and District Indore for acquisition of land by the Indore Development Authority, Indore Tehsil and District Indore for making road and other infrastructure for residential and commercial purpose, has been decided on 19.04.2018 by this Court in First Appeal No.8/2013 Heerabai (deceased) Thru. Dhulibai & Ors. v. The State of MP & Ors., by which appeal of the landowner/claimant has been allowed in part.

Relevant part of order dated 19.4.2018 passed by this Court in First Appeal No.8/2013 Heerabai (deceased) Thru. Dhulibai & Ors. v. The State of MP & Ors., (supra) reads, as under: -

"16. Acquisition of land - Determination of compensation, matters to be considered therefore - while determine compensation for compulsory acquisition, the relevant factors are - The purpose for which the land was acquired, potentiality of the land, its potential use, its location, market price of the land sold in near proximity just prior to the acquistion and the appreciation of the value of the land for every subsequent year. The Court for making assessment can safely take into account the documentary as well as the oral evidence led by the parties in support of these factors. The Court has also to take into consideration in order to avoid element of speculation for fixation of market value with reference to comparable sales as to whether the sale is within the reasonable time of the date of notification, whether it is bonafide sale, whether it is for the land adjacent to the land acquired and whether it possess similar advantages. Certified copy of the sale-deeds relating to similar lands situated in the vicinity can be relied upon without examining vendee or vendor or anybody else connected with the sale. Increase of 15% per year on the sale deed comparable can be taken for assessment of the market value on the date of notification under Section 4 of the Act.

On due consideration of the aforesaid facts and circumstances, I am of the view that the appellant - landowner is entitled for compensation at the rate of 15% per annum as per market value fixed by the Reference Court in respect of irrigaged and unirrigated land, without any deduction of 10% amount towards development charges on the aforesaid compensation and, therefore, I allow the appeal in part by setting aside the impugned award by holding that the appellant land holder is entitled for enhancement of 15% per annum for a period of three years on the amount of Rs.1,35,877/-, ie., (appreciation amount 61,144.65) for three years on unirrigated land),ie., Rs.1,97,021.65 per acre for unirrigated land and Rs.2,03,815/-(appreciation amount Rs.91,716.75/-) for three years on irrigated land) ie, Rs.2,95,531.75/- per acre for irrigated land and direct the respondent No.1 to pay the said amount accordingly, to the appellant landowner alongwith statutory benefits of the Act.

With the aforesaid the appeal is allowed in part, but with cost."

With the aforesaid directions, first appeals are disposed of on the same terms of order dated 19.4.2018 by a Division Bench of this Court in First Appeal No.8/2013 (Heerabai (deceased) Thru. Dhulibai & Ors. v. The State of MP & Ors.), Original order be retained in F.A.No.8 of 2013 and a copy thereof be retained in these connected cases. It is made clear that in case the SLP is filed against these orders then the parties shall be entitled for the compensation accordingly in terms of the order, which shall be passed by the Apex Court.

Cross objection, if any, filed by the landowner (s) shall stand disposed of accordingly. Pending interlocutory application, if any, shall stand disposed of.

Since these appeals have 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).

Parties to bear their own costs.

Copy of the award be given to both the parties free of charge."

Having regard to the undisputed fact that the present case stands on the same footing, the present appeal is also disposed off on the same terms as contained in the award dated 22/04/2018 passed in the Lok Adalat in the case of Pukhraj (Supra).

C.c. as per rules.