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IN THE HIGH COURT OF MADHYA PRADESH
P. K. Jaiswal and Vivek Rusia, JJ.
Badam Singh v. State of M.P. and others
First Appeal No.615 of 2008 with
First Appeal No.795 of 2008 (Indore); Decided on 26.4.2016.
(1) Land Acquisition Act, 1894 -- Ss.10 and 18 -- acquisition of land for rehabilitation of displaced persons -- for awarding compensation -- market value of land determined on basis of sale deeds -- in absence of any material -- by considering statements of material prosecution witnesses -- value of land rightly assessed on basis of sale deeds by reference Court.
[Para 19
(2) Land Acquisition Act, 1894 -- Ss.4, 6 and 10 -- acquisition of land for rehabilitation of displaced persons -- for purposes of determination of compensation -- on basis of land revenue -- determination of market value of land not proper -- criteria for fixing market value of acquired land -- geographical situation of land, use of land, already available advantage and market value of other lands in same locality must be considered. [Paras 28 to 30
(3) Land Acquisition Act, 1894 -- Ss.10 and 18 -- award of compensation -- deduction of development charges -- principles of -- 48% development charges deducted by reference Court -- on basis of utilisation of land area in layout -- for roads, drains and civic amenities etc. -- deduction of 20% and further deduction towards development charges 15% total 35% held less deduction from market value. (2011)6 SCC 47, (2003)12 SCC 334, (2010)13 SCC 398, (2010)1 SCC 444, (2009)14 SCC 367, AIR 2004 SC 2895, (2011)15 SCC 297, (2015)3 SCC 650 and (2015)2 SCC 262 discussed. [Paras 35
Jaiswal, J. -- 1. The decision rendered in these two appeals shall also govern the disposal of following connected appeals of land acquired of village – Dharampuri, District – Dhar (M.P.), i.e. the appeals filed by the landowners and the appeals filed by the State.
2. The appeals filed by the appellants/landowners of Village Dharampuri are as under :-
Village-Dharampuri :
3. The appeals filed by the State are as under :-
Serial No.
First Appeals No.
Name of the Parties
1.
802/2008
State of M.P. and others v. Madhulatabai
2.
791/2008
State of M.P. and others v. Sardar Kha
3.
801/2008
State of M.P. and others v. Mehbood Kha
4.
786/2008
State of M.P. and others v. Babu Kha Thru. Attor. Abid Kha
5.
794/2008
State of M.P. and others v. Mukhtar Mohd.
6.
776/2008
State of M.P. and others v. Vijay and others
7.
803/2008
State of M.P. and others v. Yakub Kha and another
8.
796/2008
State of M.P. and others v. Manjuranbee
9.
788/2008
State of M.P. and others v. Samotibai
10.
798/2008
State of M.P. and others v. Salim Musalman
11.
790/2008
State of M.P. and others v. Isbul Bee
12.
777/2008
State of M.P. and others v. Hasir and others
13.
782/2008
State of M.P. and others v. Dadusingh
14.
793/2008
State of M.P. and others v. Sabir Mohd.
15.
778/2008
State of M.P. and others v. Kamlabai
16.
787/2008
State of M.P. and others v. Ayodhyabai and another
17.
779/2008
State of M.P. and others v. Abid Hussain
18.
784/2008
State of M.P. and others v. Amtool and others
19.
785/2008
State of M.P. and others v. Kamrunnisa
20.
781/2008
State of M.P. and others v. Kamlabai and others
21.
780/2008
State of M.P. and others v. Sayed
22.
789/2008
State of M.P. and others v. Shaharbano
23.
792/2008
State of M.P. and others v. Najir Thru. Legal Heir Mohd.
24.
775/2008
State of M.P. v. Ibrahim
25.
797/2008
State of M.P. and others v. Chhanga and others
4. By this common judgment, we propose to dispose of the aforenoted first appeals as they arise out of the same proceedings from different judgments of the judgment passed by 1st Additional District Judge, Dhar, (M.P.), but are result of a common notification issued under section 4(1) of the Land Acquisition Act, 1894 (in short 'the Act') and thus, are based upon similar facts and documentary and oral evidence of the land acquisition for acquiring land for public purpose for rehabilitation of displaced persons of the villages which came under submergence due to increase of height of Sardar Sarovar Dam of Tahsil - Dharampuri in District Dhar.
5. For the sake of convenience the facts are borrowed from First Appeal No.615/2008 (Badamsingh v. State of M.P. and others) filed by the landowners (claimants) of Village Dharampuri, District Dhar and First Appeal No.795/2008 (State of M.P. and others v. Badamsingh) filed by the State. section 4(1) Notification under the Land Acquisition Act, 1894 came to be published in the Official Gazette on 2.4.2004. Total 59.367 hectares land of Village - Dharampuri in District Dhar for “rehabilitation of displaced persons” has been acquired. The notification under 6 of the Act has been published on 21.5.2004. The Land Acquisition Officer (in short 'LAO') on the basis of average of price paid and examplier sale deeds of seven villages of Shakalda – Command area which is 22 km from present acquired area, by award dated 29.10.2004 assessed the market value at the rate of Rs.26,105/- per hectare, in respect of unirrigated land and Rs.55,918/- per hectare in respect of irrigated land. He also awarded solatiu
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