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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10200 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 1273 OF 2016 ]  

M.P. HOUSING BOARD (NOW KNOWN AS M.P HOUSING  AND INFRASTRUCTURE DEVELOPMENT BOARD)  AND ORS.   Appellants(s)

                               VERSUS PURUSHOTTAM LAL AND ORS.             Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted.

2. This  litigation  has  a  chequered  history. However, in the larger interest of the parties, we are happy to note that the entire disputes have been given a quietus in a court-involved settlement.   

3. The Land Acquisition proceedings were initiated issuing Section 4(1) Notification at the instance of the Madhya Pradesh State Housing Board in the year 1996.   According  to  the  Housing  Board,  they  had deposited  the  entire  compensation  with  the  Land Acquisition Collector.  But it is not in dispute that the  compensation  has  not  been  paid  to  the  land owners.  In view of the introduction of The Right to

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Fair  Compensation  and  Transparency  in  Land Acquisition,  Rehabilitation  and  Resettlement  Act, 2013  (in  short,  “2013  Act”)  with  effect  from 01.01.2014,  the  acquisition  proceedings  lapsed, though possession had been taken by the Board, and partly  developed  also.   The  respondents  had approached  the  High  Court  with  regard  to  certain disputes on compensation and only fortuitously, they got the declaration on lapse.   

4. On a direction issued by this Court, the State Government  has  filed  a  report  indicating  that  the compensation in terms of the acquisition proceedings is  only  around  Rs.33  Lakhs.   But  since  the acquisition has lapsed, the owners would have to be awarded the compensation under the 2013 Act in case the Board still needs the land.  The market value is Rs.24 Crores and odd, as in 2017-2018, as is reported by the State.   

5. One offer given was that though the land owners are entitled to 100% solatium in terms of Section 48, they are prepared in larger public interest to forgo the  solatium in  case they  get four  housing plots. The learned senior counsel appearing for the Housing Board  submits that  since the  Housing Board  has to plan the housing for the purpose of weaker sections,

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it will be in the interest of both sides not to allot houses  to  the  land  owners  and,  therefore,  it  is suggested that the compensation in terms of the value of the plots given also be added and the whole thing could be finished in one go.  Having regard to the peculiar facts of this case, the learned counsel on both sides, on instruction, requested the court to settle the whole disputes by fixing an appropriate amount.  Having regard to the large extent of land, we are of the view that the entire compensation be fixed at Rs. 27.50 Lakhs.  The suggestion has been fairly accepted by both sides.  Therefore, the entire claims in respect of the land of the respondents will be  settled  by  the  Housing  Board  by  paying Rs.27,50,00,000/-  (Rupees  Twenty  Seven  Crores  and Fifty Lakhs) by way of a one-time compensation.

6. We make it clear that this is in full and final settlement of all the claims and there shall be no further claims.  The above amount shall be paid to the respondents within a period of two months from today.  It is made clear that in case the amount is not  paid within  two months,  the same  shall accrue interest at the rate of 18% p.a. and the officers responsible for the delay shall be personally liable for the same.  

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7. With the above observations and directions, this appeal is disposed of.

No costs.   .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; August 04, 2017.

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ITEM NO.58               COURT NO.5               SECTION IV-A                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)  No(s).  1273/2016 (Arising out of impugned final judgment and order dated  15-10-2015 in WA No. 305/2007 passed by the High Court Of M.P. At Jabalpur) M.P. HOUSING BOARD  (NOW KNOWN AS M.P HOUSING AND  INFRASTRUCTURE DEVELOPMENT BOARD) AND ORS.  Petitioner(s)                                 VERSUS PURUSHOTTAM LAL AND ORS.  Respondent(s) (PERMISSION TO FILE ANNEXURES] Date : 04-08-2017 These matters were called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Sunil Gupta, Sr. Adv.  

Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv.  Ms. Payal Dayal, Adv.  

                   For Respondent(s) Mr. Purushaindra Kaurav, Adv.  

Mr. Mishra Saurabh, AOR Mr. Ankit Kumar Lal, Adv.  Ms. Vanshaja Shukla, Adv.  Mr. Varun K. Chopra, Adv.   

                   Mr. Sunny Choudhary, AOR                                          

UPON hearing the counsel the Court made the following                              O R D E R

Leave granted.  The  appeal  is  disposed  of  in  terms  of  the  signed

non-reportable Judgment Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)   COURT MASTER                              ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)