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1989 Supreme(MP) 531

IN THE HIGH COURT OF MADHYA PRADESH (GWALIOR BENCH)
T.N. Singh and S.K. Dubey, JJ.
M.P. Grih Nirman Mandal and Anr.
Vs.
Umashankar Kunjilal and Anr.
M.A. No. 45 of 1987
Decided On: 15.12.1989

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N.P. Mittal, Adv.
For State: H.D. Gupta, Adv.
For Respondents/Defendant: K.K. Lahoti, Adv.

Headnote:(1) Land Acquisition Act, 1894-Ss. 54, 50 (2) and 3 (b)-"a person interested" under S. 3 (b)-includes a person who has to pay amount of compensation-may prefer an appeal even if not party in lower Court-S. 50 (2) is no bar. 1967 MPLJ-SN 54 overruled. AIR 1986 SC 1164, 1965 JLJ 1060, AIR 1987 MP 174 and AIR 1970 Guj. 81 distinguished. AIR 1980 SC 1118, AIR 1962 SC 941, AIR 1958 SC 394, AIR 1985 Kant. 75 and AIR 1982 Ker. 61 relied on. [Paras 7 to 13

       (2) Land Acquisition Act, 1894-Ss. 54 and 18-Civil P.C., 1908-Ss. 96 and 2-award passed on reference under S. 18 of the Act-is a decree-appealable under S. 54 of the Act in the manner provided under the Code. [Para 11

       (3) Land Acquisition Act, 1894-S. 23-award of compensation for acquisition of land-sale-deeds of small plots cannot be considered-guess work, mental exercise and experience of life may be called in aid. AIR 1971 SC 2015, AIR 1977 SC 580, AIR 1977 SC 1560, 1979 MPLJ-SN 56 and 1975 JLJ 595 relied on. [Para 14

       (4) Land Acquisition Act, 1894-S. 23-determination of amount of compensation-sale deed of adjacent land executed before five years-double' the rate of such sale deed in just compensation. [Para 16

       (5) Land Acquisition Act, 1894-Ss. 23 (2), (l-A) and 28 (amended)-award made in 1986-amended provisions for payment of interest and solatium are applicable. AIR 1989 SC 1933 followed. [Para 17

       (6) Land Acquisition Act, 1894-S. 28 (as amended in C.P. and Berar)-such amendment was not extended to Madhya Bharat and sironj regions-provision is not applicable. 1982 MPLJ-SN 19 relied on. [Para 18

       

JUDGMENT

S.K. Dubey, J.

1. Aggrieved of a common award and decree dated 19-12-1986, passed by Third Additional Judge to the Court of District Judge, Morena, in Reference Cases Nos. 5/1984, 7/1984, 8/1984, 9/1984, 10/1984, 12/1984, 13/1984, 14/1984, 15/1984, 17/1984, 18/1984, 19/1984, 20/1984, 22/1984, 23/1984, 24/1984, 25/1984, 26/1984, 27/1984, 28/1984, 29/1984, 30/1984, 31/1984, the M. P. Grih Nirman Mandal, Bhopal (for short 'appellant No. 1'), has preferred separate appeals, being Miscellaneous Appeals Nos. 46/1984, 45/1984, 39/1984, 104/1987, 51/1987, 53/1987, 54/1987, 55/1987, 52/1987, 56/1987, 80/1987, 32/1987, 34/1987, 35/1987, 36/1987, 38/1987, 40/1987, 41/1987, 42/1987, 43/1987, 44/1987, 47/1987, 48/1987, 49/1987 50/1987 and 96/1987, under section 54 of the Land Acquisition Act, 1894, as amended (for short, the 'Act'). The respondents/land owners whose lands were acquired for appellant No. 1, have also filed their cross-objections under Order 41, Rule 22, Civil Procedure Code, for enhancement of compensation, solatium and interest in accordance with the amendments made in sections 23 and 28 of the Act by Amendment Act No. 68 of 1984. As a common award was passed and common submissions were made by learned counsel for the respective parties, all these appeals are disposed of by this judgment.

2. Material facts leading to these appeals are: A Notification under section 4(1) of the Act was issued on 16-6-1979 by the State Government for acquisition of land comprising 14.47 hectares in village Jora Khurd in the District of Morena for public purpose, that is, for providing residential accommodation to the general public on hire-purchase scheme prepared by appellant No. 1. This land was acquired by the Government of Madhya Pradesh, appellant No. 2, for appellant No. 1. A Notification under section 6 was issued on 19-3-1981. These Notifications were challenged by owners of the land in a writ petition (M. P. No. 134/1981), which was ultimately dismissed. According to the land owners, the possession was taken on 19-8-1981, but this Court observed in the writ petition that the possession so taken was not legal, hence, formal possession was again taken on 20-4-1983. The Collector vide award dated 7-10-1983 awarded Rs. 8,000/- per Bigha of land as compensation. The land owners applied for a Reference under section 18 of the Act. After recording evidence led by the parties, the Additional District Judge, vide impugned award dated 19-12-1986 enhanced the compensation from Rs. 8,000/- to Rs. 54,000/- per Bigha in all cases, except five cases i.e. Reference Cases Nos. 12/1984, 10/1984, 21/1984, 25/1984 and 28/1984, in which the compensation was enhanced from Rs. 8,000/- to Rs. 1,08,000/- per Bigha.

3. The appellant No. 1 preferred these appeals impleading the State of Madhya Pradesh through Collector, Morena, as respondent. This Court, on 7-5-1987, while hearing on admission of the appeals allowed the application of appellant No. 1 and granted leave to prefer the appeals. On 29-8-1988 a conditional order was passed on an application of appellant No. 1 dated 19-7-1988, allowing transposition of the State of M. P. from the array of respondent to appellant No. 2. As the prayer of transposition was opposed, the right of the respondents was reserved to object about the transposition at the time of hearing of the appeals.

4. A preliminary objection was raised by the land owners/respondents that the appeals are incompetent, as in view of the provisions of section 50(2) of the Act, a local authority or a company concerned cannot file an appeal and, as the appeals were incompetent, transposition of the State of M. P. as appellant No. 2 beyond the period of limitation for filing an appeal will not make the appeals competent. Learned counsel Sarvashri Swamisaran, J. P. Sharma and K. K. Lahoti, for the land owners, appearing in different appeals, placed reliance on Santosh Kumar v. Central Warehousing Corporation AIR 1986 SC 1164; a Single Bench dec

































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