MUZEBUDDEEN Vs STATE OF M.P.
Bench: DALVEER BHANDARI,DEEPAK VERMA
Case number: C.A. No.-007674-007674 / 2011
Diary number: 2202 / 2006
Advocates: SHIV SAGAR TIWARI Vs
B. S. BANTHIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7674 OF 2011 (@SPECIAL LEAVE PETITION © NO.7673 OF 2006)
MUZEBUDDEEN APPELLANT VERSUS
STATE OF M.P. & ANR. RESPONDENTS
WITH CIVIL APPEAL NO. 7675 OF 2011
(@SPECIAL LEAVE PETITION © NO.8112 OF 2006)
RAMKHELAMAN APPELLANT VERSUS
STATE OF M.P. & ANR. RESPONDENTS
WITH CIVIL APPEAL NO. 7676 OF 2011
(@SPECIAL LEAVE PETITION © NO.8113 OF 2006)
RAMAWATAR APPELLANT VERSUS
STATE OF M.P. & ANR. RESPONDENTS
WITH CIVIL APPEAL NO. 7677 OF 2011
(@SPECIAL LEAVE PETITION © NO.8114 OF 2006)
MAHESH PRASAD APPELLANT VERSUS
STATE OF M.P. & ANR. RESPONDENTS
WITH CIVIL APPEAL NO. 7678 OF 2011
(@SPECIAL LEAVE PETITION © NO.11542 OF 2006)
LAXMAN PRASAD APPELLANT VERSUS
STATE OF M.P. & ANR. RESPONDENTS
: 2 :
CIVIL APPEAL NO. 7679 OF 2011 (@SPECIAL LEAVE PETITION © NO.6558 OF 2006)
BUDHASEN APPELLANT VERSUS
STATE OF M.P. & ORS. RESPONDENTS
AND WITH CIVIL APPEAL NO. 7680 OF 2011
(@SPECIAL LEAVE PETITION © NO.5983 OF 2006)
RAMAWATAR (D) BY LRS. & ORS. APPELLANTS
VERSUS
STATE OF M.P. & ANR. RESPONDENTS
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 appellant – 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
: 3 :
respectively, the land of the appellant – Ram Awatar is
measuring 1.123 hectares only in Khasra No. 453/3, the land of
the appellant – Mahesh Prasad is measuring 0.313 hectares only
in Khasra No.454/4, the land of the appellant – Laxman Prasad
is measuring 2.830 hectares only in Khasra Nos.452/1, the land
of the appellant – Budhasen is measuring 0.626 hectares only
in Khasra No.454/B, 454/C1 and the land of the appellant –
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.
: 4 :
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