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2015 DIGILAW 1264 (SC)

State of M. P. v. Pratap

2015-09-17

ARUN MISHRA, H.L.DATTU

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ORDER : Application(s) for exemption from filing official translation are allowed. 2. Delay, if any, is condoned. 3. Delay, if any, in filing the application(s) for substitution, if any, is/are condoned. 4. Application(s) for substitution, if any, is/are allowed. 5. Application(s) if any, for impleadment is/are rejected. 6. Leave granted in all these matters. 7. By the notifications issued on 22.07.2006, 18.06.2007 and on various other dates by the State Government, different areas of lands were acquired by the State Government for the purpose of setting up an auto testing track and for establishment of a Special Economic Zone. Under the first notification dated 22.07.2006, 1405 hectares of land was acquired. Further, under the second notification dated 18.06.2007, 59.41 hectares of land was acquired. 8. The Land Acquisition Officer (for short, "the L.A.O.") had passed an award granting certain compensation for the lands acquired. 9. Being aggrieved by the quantification of compensation so made by the L.A.O., the claimants/agriculturists had requested the L.A.O. to refer the matters to the Reference Court under Section 18 of the Land Acquisition Act, 1894 (for short, "the Act"). 10. Before the Reference Court, the claimants/agriculturists had relied upon certain sale-deeds and had requested the Reference Court for fixing fair market value for the acquired lands. The State Government had also relied upon certain guidelines issued by the State Government from time to time for fixing the market value of the lands. 11. Upon considering the sale-deeds produced by the claimants/agriculturists, the Reference Court had enhanced the compensation awarded by the L.A.O. for the lands acquired. 12. Being aggrieved by the orders passed by the Reference Court, both the agriculturists as well as the State Government had filed the appeals and cross-appeals before the High Court. The learned Single Judge of the High Court, by his order dated 13.12.2011, had fixed a particular value for the lands acquired. However, the Division Bench of the High Court, by its orders dated 20.09.2013 and 19.12.2014, had fixed different values for the lands acquired from the value fixed by the learned Single Judge. 13. Being aggrieved by these orders, both the State Government as well as the claimants/agriculturists are before us in these appeals and cross-appeals. 14. We have heard Mr. P.S. Narasimha and Mr. Tushar Mehta, learned Additional Solicitor General, duly assisted by Mr. C.D. Singh, learned standing counsel for the State. We have also heard Mr. 13. Being aggrieved by these orders, both the State Government as well as the claimants/agriculturists are before us in these appeals and cross-appeals. 14. We have heard Mr. P.S. Narasimha and Mr. Tushar Mehta, learned Additional Solicitor General, duly assisted by Mr. C.D. Singh, learned standing counsel for the State. We have also heard Mr. Rakesh Dwivedi and Mr. R. Bansant, learned senior counsels, duly assisted by Mr. Ardhendumauli Kumar Prasad, learned counsel for the claimants/agriculturists. 15. We have carefully gone through the impugned judgment(s) and order(s) passed by the Reference Court and also the orders passed by the learned Single Judge as well as the orders passed by the Division Bench of the High Court. 16. Upon carefully perusing these judgment(s) and order(s), in our opinion, it should satisfy the interest of both the parties and meet the ends of justice if we fix the market value of the acquired irrigated lands at Rs.60,00,000/- (Rupees Sixty Lakhs Only) per hectare with all other statutory benefits, and fix the market value of the acquired un-irrigated lands at Rs.45,00,000/- (Rupees Forty Five Lakhs Only) per hectare with all other statutory benefits. In our opinion, that would be the fair market value for the lands acquired. 17. In the result, while disposing of these appeals, we now quantify the compensation that is required to be paid for the irrigated lands at Rs.60,00,000/- (Rupees Sixty Lakhs Only) per hectare with all statutory benefits, and Rs.45,00,000/- (Rupees Forty Five Lakhs Only) per hectare for the un-irrigated lands with all statutory benefits. 18. The State Government is directed to pay the difference of amount within four months' time from today without compelling the agriculturists to file any execution petitions before any forum.