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2017 Supreme(MP) 348

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BENCH
P.K. JAISWAL, VIRENDER SINGH, JJ.
Premnath Verma - Petitioner
Versus
Veena Dravid & Ors. - Respondents
First Appeal No. 137, 193 of 1996, 1 of 1995
Decided On : 25-04-2017

Advocates Appeared:
For the Appellant : Shri A.K. Sethi, Learned Senior Counsel with Shri Rahul Sethi, Learned Counsel.
For the Respondent: Shri P.V. Bhagwat, Learned Counsel., Shri Anand Agarwal, Learned Counsel and Shri Satish Tomar, Learned Counsel., Shri Aniket Naik, Learned Counsel., Shri S.K. Verma, Learned Counsel., Shri M. Phadke, Learned G.A., Shri P.M. Bhargava, Learned Dy. A.G.

The court's decision was based on the evidence and legal provisions, finding no grounds for interference with the award.

Headnote:

Land Acquisition - Compensation - Land Acquisition Act, 1894 - Section 18, 30 - M.P. Slums Improvement (Acquisition of Land) Act, 1956 - [Section 18, 30 of Land Acquisition Act, 1894, M.P. Slums Improvement (Acquisition of Land) Act, 1956] - The judgment discusses the common award dated 15/12/1994 passed by XVIth Additional Judge to the court of District Judge, Indore (M.P.) in LA Ref. Case No. 20/1992, whereby the compensation for acquisition of land under Section 18 and 30 of the Land Acquisition Act, 1894 and the M.P. Slums Improvement (Acquisition of Land) Act, 1956 was enhanced from Rs. 1.90 per square feet to Rs. 3/- per square feet for land bearing Survey No. 162, total area of 2.478 hectare, situated at Kulkarni Bhatta, Indore.

Fact of the Case:

The appeals arose from a common award enhancing the compensation for land acquisition. The Municipal Corporation of Indore challenged its responsibility to pay compensation, while other appellants challenged the apportionment of compensation and inadequacy of the award.

Finding of the Court:

The court confirmed the impugned award, dismissing all appeals against it. The court found no grounds to interfere with the award, considering the evidence and legal provisions.

Issues: The issues included the responsibility of the Municipal Corporation to pay compensation, apportionment of compensation, and adequacy of the award.

Ratio Decidendi: The court upheld the award based on the evidence and legal provisions, finding no grounds for interference.

Final Decision: All appeals against the award were dismissed, and the impugned award was confirmed.

JUDGMENT :

SHRI VIRENDER SINGH, J.

1. Regard being had to the similitude of the facts in these three appeals, they were heard together and are being disposed of by this common judgment.

2. All three appeals are arising out of the common award dated 15/12/1994 passed by XVIth Additional Judge to the court of District Judge, Indore (M.P.) in LA Ref. Case No. 20/1992, whereby the learned reference Court enhanced the compensation from Rs. 1.90 per square feet (psqft) awarded by the Land Acquisition Officer (LAO) vide award dated 06/09/1985 passed in LA Claim Case No. 3A/82/82-83 to Rs. 3/- psqft for acquisition of land under Section 18 and 30 of the Land Acquisition Act, 1894 (Hereinafter referred as to "The Act, 1894") bearing Survey No. 162, total area of 2.478 hectare, situated at Kulkarni Bhatta, Indore.

3. The LAO awarded total compensation Rs. 6,71,469/-. The reference court enhanced it by Rs. 3,94,219/- and took it to Rs. 10,65,668/-.

4. The appellant of FA No. 137/1996, the Municipal Corporation of Indore, while challenging the impugned order in general, has mainly challenged his responsibility to pay the compensation.

5. The appellant of FA No. 1/1995, Premnath (deceased through LRs.) has only challenged the apportionment of the compensation determined by the impugned order and has claimed his entitlement for the entire amount of compensation either on the basis of sale deed executed in his favour by the owner Balkrishna Dravid or on the basis of partition of coparcenary property of the joint Hindu family of the Balkrishna Dravid.

6. The appellants of FA No. 193/96 have challenged inadequacy of quantum of the award and pray that it should be assessed @ Rs. 10 psqft instead of Rs. 3 psqft.

7. The material facts relevant to the adjudication of the all three appeals in brief are that one Balkrishan Dravid was Karta of Joint Hindu family and was managing several properties of that joint family. He was having 3 sons and 4 daughters. All the four daughters were married. His wife Mrs. Veena Dravid alongwith her minor sons Vilas Dravid and Rajesh Dravid and four daughters filed a civil Suit No. 13/61 on 11/07/1961 before the Second Additional Sessions Judge, Indore for partition of the property shown in schedule A, which was annexed with the Suit (Ex-P/2).

8. During the pendency of the suit Balkrishan sold the land Khasra No. 162 (disputed in this case) and 163 on 18/05/1962 to the appellant Premnath, so he was impleaded as defendant No. 2 in the Civil Suit No. 13/61 by Ms. Veena Dravid and made a prayer that sale deed dated 18/05/1962 be declared null and void.

9. On 01/07/1965, Balkrishan Dravid died so Ms. Veena Dravid substituted herself as defendant No. 1 as Legal Representative of the deceased Balkrishan in the Civil Suit (No.13/61). The Civil Suit was decreed. The sale deed dated 18/05/1962 executed in favour of the appellant/Premnath was declared null and void. Premnath preferred an appeal FA No. 52/62 before the Hon'ble High Court, which was partly allowed vide order dated 06/08/79. The Hon'ble High Court held that the sale deed dated 18/05/1962 shall be effective to the extent of share of deceased Balkrishna in the coparcenary property and shall not affect the share of the other coparcenars who are sons and daughters of Balkrishan.

10. During the pendency of FA No. 52/62, the land so purchased by the appellant/Premnath bearing survey No. 162, area 2.478 Hectares situated at Kulkarni Bhatta was acquired by the Government of M.P. in exercise of powers under Section 3 of the M.P. Slums Improvement (Acquisition of Land) Act, 1956 (Hereinafter referred as to "The Slum Act, 1956") vide notification published in the official Gazette of M.P. dated 26 September 1975, as the land in the vicinity was required for the clearance of the slum.

11. The land was then transferred to the Indore Municipal Corporation (hereinafter referred to as "The Corporation") for clearance of the slum in pursuance of Section 4 of the Slums Act.

12. Under Section 5
























































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