Muzebuddeen Vs. State
of M.P. & ANR.
Ramkhelaman Vs. State
of M.P. & ANR.
Ramawatar Vs. State of
M.P. & ANR.
Mahesh Prasad Vs.
State of M.P. & ANR.
Laxman Prasad Vs.
State of M.P. & ANR.
Budhasen Vs. State of
M.P. & Ors.
Ramawatar (D) By Lrs.
& Ors. Vs. State of M.P. & ANR.
O R D E R
We have heard learned
counsel for the parties. Delay condoned. Leave granted in all the Special Leave
Petitions. By this common order, we are disposing of these appeals. By the
Notification issued under Sections 4 and 17(1) of the Land Acquisition Act, 1894
on 17.10.1982, total land admeasuring 134.913 hectares situate in village Babupur,
Nipania, Dohi and Khuar, Tahsil Hujur, Rewa was acquired.
Out of that, the land
of the appellant-Muzebuddeen is measuring 1.376 hectares only in Khasra
Nos.472,473,480, and 481, the land of the - Ramkhelaman is measuring 6.119 hectares
only(i.e. 2.209 hectares in Village Nipania, 3.319 hectares and 0.591 hectares
in Village Babupur) in Khasra Nos.452/2, 453/2, 15 to 19, 24, 25, 27 to 29, 21
and 22 respectively, the land of the - Ram Awatar is measuring 1.123 hectares
only in Khasra No. 453/3, the land of the - Mahesh Prasad is measuring 0.313
hectares only in Khasra No.454/4, the land of the - Laxman Prasad is measuring
2.830 hectares only in Khasra Nos.452/1, the land of the - Budhasen is
measuring 0.626 hectares only in Khasra No.454/B, 454/C1 and the land of the - Ramawatar
is measuring 32 acres only.
The Reference Court, by
a well reasoned order, awarded compensation of Rs.25,000/- per acre in all the cases.
The High Court, in the impugned judgment/order, has reduced the compensation
from Rs.25,000/- per acre to Rs.20,000/- without any sound basis. In our
opinion, interference by the High Court was totally uncalled for. We see no
justification for the High Court in reducing the compensation of the
appellants. In this view of the matter, we are constrained to set aside the impugned
judgment of the High Court and restore the order of the Reference Court.
The appellants would be
entitled to a compensation of Rs.25,000/- per acre along with other statutory benefits.
We, accordingly, restore the order passed by the Reference Court granting compensation
at the rate of Rs.25,000/- per acre plus all the statutory benefits as contemplated
under the law. Consequently, we direct the State of Madhya Pradesh to pay the amount
calculated at the rate of Rs.25,000/- per acre plus other benefits as contemplated
under law to the appellants. The amount already paid to the appellants shall be
adjusted and the remaining amount be paid to the appellants within three months
from today. These appeals are allowed and disposed of accordingly, leaving the
parties to bear their own cost.
...................J.
(DALVEER BHANDARI)
...................J.
(DEEPAK VERMA)
NEW
DELHI;
6TH
SEPTEMBER, 2011
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