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2024 Supreme(Online)(MP) 10135

- : 1 :-

F.A. No. 777/2020 & connected appeals.

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

FIRST APPEAL No. 777 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST.. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. (LAND ACQUISITION) SARDAR SAROVAR

PROJECT

THR.

COLLECTOR

(LAND

ACQUISITION)

DHARAMPURI. (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1. GEETA BAI W/O JAGANNATH PANDRANIA TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

2. OMPRAKASH S/O JAGANNATH PANDRANIA TEH. DHARAMPUR

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 778 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. (LAND ACQUISITION) THR. COLLECTOR SARDAR

SAROVAR PROJECT DHARAMPURI. (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT. )

AND

1. KESHRICHANDRA S/O PANCHILAL PANDRANIYA TEHSIL

- : 2 :-

F.A. No. 777/2020 & connected appeals.

DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

2. NISARBAI D/O PANCHILAL PANDRANIYA TEH. DHARAMPUR

(MADHYA PRADESH)

3. KUSUM D/O PANCHILAL PANDRANIYA TEH. DHARAMPUR

(MADHYA PRADESH)

4. RAJKUNWARBAI D/O PANCHILAL PANDRANIYA TEH.

DHARAMPUR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 779 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. SARDAR SAROVAR PROJECT THR. COLLECTOR

(LAND ACQUISITION) DHARAMPURI. (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1. BASANT S/O RANNCHOD DHAMNAUD, TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

2. RAVI S/O RANNCHOD DHAMNAUD TEH. DHARAMPURI (MADHYA

PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 780 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI , DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. SARDAR SAROVAR PROJECT (THR. COLLECTOR

(LAND ACQUISITION) DHARAMPURI. (MADHYA PRADESH)

.....APPELLANT

- : 3 :-

F.A. No. 777/2020 & connected appeals.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1. RAMBHA BAI W/O RUGHNATH PANDRANIA, TEHSIL

DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

2. SARIT BAI W/O GANESH PANDRANIA TEH. DHARAMPURI

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 781 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVER PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1.

DECED. RUGHNATH THRU. LRS. GANESH S/O RUGHNATH

PANDRANIA, TEHSIL DHARAMPURI, DIST. DHAR (MADHYA

PRADESH)

2.

DECED. RUGHNATH THRU.LRS.RAMBA BAI W/O RUGHNATH

R/O : PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR

(MADHYA PRADESH)

3.

DECED. RUGHNATH THRU.LRS. BALLU S/O SUKHRAM R/O:

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

4.

DECED. RUGHNATH THRU.LRS. BHARAT S/O SUKHRAM R/O :

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

5.

DECED. RUGHNATH THRU.LRS.SURESH S/O SUKHRAM R/O:

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

6.

DECED. RUGHNATH THRU.LRS. NAIJA BAI W/O SUKHRAM R/O:

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

- : 4 :-

F.A. No. 777/2020 & connected appeals.

7.

DECED. RUGHNATH THRU.LRS. SUMAN D/O DAYARAM R/O:

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

8.

DECED. RUGHNATH THRU.LRS. MANJU BAI D/O DAYARAM R/O:

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

9.

DECED. RUGHNATH THRU.LRS. SURAJ BAI W/O DAYARAM R/O:

PANDRANIA TEHSIL DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 782 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. SARDAR SAROVAR PROJECT THR. COLLECTOR

DHAR (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANTS.)

AND

MUKESH S/O MAHADEV BHIKHRAUN , TEHSIL DHARAMPURI,

DIST.. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 784 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. SARDAR SAROVAR PROJECT THR. COLLECTOR

(LAND ACQUISITION) DHARAMPURI. (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

- : 5 :-

F.A. No. 777/2020 & connected appeals.

AND

1.

DECED. HUKUMCHAND THRU. LRS. KAMLESH S/O

HUKUMCHAND, AGED ABOUT 28 YEARS, DHAMNOD, TEHSIL

DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

2.

DECED. HUKUMCHAND THRU. LRS. RAMPYARIBAI W/O LATE

HUKUMCHAND, AGED ABOUT 68 YEARS, DHAMNOD TEH.

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 786 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. SARDAR SAROVAR PROJECT THR.

COLLECTOR(LAND ACQUISITION) DHARAMPURI. (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

AMBARAM S/O SITARAM BHIKHRAUN TEHSIL DHARAMPURI, DIST.

DHAR (MADHYA PRADESH)

RESPONDENTS.

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 787 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

- : 6 :-

F.A. No. 777/2020 & connected appeals.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1. SURENDRA S/O RAJARAM PANDRANIYA, TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

2. NARENDRA S/O RAJARAM R/O: PANDRANIYA TEHSIL

DHARAMPURI DISTRICT DHAR (MADHYA PRADESH)

3. RAJESH S/O RAJARAM R/O: PANDRANIYA TEHSIL DHARAMPURI

DISTRICT DHAR (MADHYA PRADESH)

4. RUPESH S/O SNAJAY R/O: PANDRANIYA TEHSIL DHARAMPURI

DISTRICT DHAR (MADHYA PRADESH)

5. DEEPESH S/O SANJAY R/O: PANDRANIYA TEHSIL DHARAMPURI

DISTRICT DHAR (MADHYA PRADESH)

6. SHARDA W/O SANJAY R/O: PANDRANIYA TEHSIL DHARAMPURI

DISTRICT DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 788 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. SARDAR SAROVAR PROJECT THR. COLLECTOR

(LAND ACQUISITION) DHARAMPURI, DHAR. (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

SURENDRA S/O RAJARAM PANDRANIA, TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 789 of 2020

BETWEEN:-

- : 7 :-

F.A. No. 777/2020 & connected appeals.

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. SARDAR SAROVAR PROJECT. THR. COLLECTOR

(LAND ACQUISITION) DHARAMPURI, DIST. DHAR. (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

MAHADEV S/O NARAYAN BIKHRON, TEHSIL DHARAMPURI, DIST.

DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 790 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2. STATE OF M.P. SARDAR SARVOVAR PROJECT THR. COLLECTOR

(LAND ACQUISITION) DHARAMPURI. DHAR (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1. ATUL KUMAAR S/O GAMBHIR KUMAR PANDRANIA, TEHSIL

DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

2. GAYATRI BAI W/O LATE GAMBHIR KUMAR PANDRANIA TEH.

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 791 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

- : 8 :-

F.A. No. 777/2020 & connected appeals.

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

GANESH S/O RUGHNATH PANDRANIA, TEHSIL DHARAMPURI, DIST.

DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 792 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

DECED. NARAYAN THRU. LRS. MAHADEV S/O NARAYAM BIKHRON,

TEHSIL DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 793 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

- : 9 :-

F.A. No. 777/2020 & connected appeals.

2.

STATE OF M.P THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

ATUL KUMAR S/O GAMBHIR KUMAR PANDRANIA, TEHSIL

DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 794 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

NARENDRA S/O RAJARAM PANDRANIA, TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 795 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR(LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

- : 10 :-

F.A. No. 777/2020 & connected appeals.

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

KALU S/O SHANKAR BHIKHRAUN , TEHSIL DHARAMPURI, DIST..

DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

(BY SHRI )

FIRST APPEAL No. 796 of 2020

BETWEEN:-

1.

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

1. ONKARLAL S/O MOTILAL PETLAWAD, TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

2. MAHADEV S/O MOTILAL R/O: PETLAWAD TEHSIL DHARAMPURI

DISTRICT DHAR (MADHYA PRADESH)

3. BALMUKUND S/O MOTILAL R/O: PETLAWAD TEHSIL

DHARAMPURI DISTRICT DHAR (MADHYA PRADESH)

4. GAURISHANKAR S/O MOTILAL R/O: PETLAWAD TEHSIL

DHARAMPURI DISTRICT DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 797 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

- : 11 :-

F.A. No. 777/2020 & connected appeals.

LAND ACQUISITION OFFICER DHARAMPURI, DIST. DHAR

(MADHYA PRADESH)

2.

STATE OF M.P. THR. COLLECTOR (LAND ACQUISTION) SARDAR

SAROVAR PROJECT DHARAMPURI DISTRICT DHAR (MADHYA

PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANT.)

AND

HIMMATSINGH S/O RANJEET PANDRANIA, TEHSIL DHARAMPURI,

DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1143 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

DHARAMPURI DHARAMPURI DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. TH. COLLECTOR LAND ACQUISITION SARDAR

SAROVAR PROJECT DIST DHAR (MADHYA PRADESH)

.....PETITIONERS

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

SURENDRA S/O RAJARAM VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1144 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT,

DHARAMPURI (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS

- : 12 :-

F.A. No. 777/2020 & connected appeals.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

HIMMAT SINGH S/O RANJEET SINGH VILLAGE PANDHRANIA

TEHSIL DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1145 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT,

DHARAMPURI (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

GANESH S/O RUGHNATH VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1146 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER DIVISIONAL ENGINEER SARDAR

SAROVAR PROJECT, DHARAMPURI (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

ATUL KUMAR S/O GAMBHIR VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

- : 13 :-

F.A. No. 777/2020 & connected appeals.

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1147 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT,

DHARAMPURI (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. ONKARLAL S/O MOTILAL VILLAGE PETLAWAD, TEHSIL

DHARAMPURI (MADHYA PRADESH)

2. MHADEAV S/O MOTILAL VILLAGE PETLAWAD, TEHSIL

DHARAMPURI (MADHYA PRADESH)

3. BALMUKUND S/O MOTILAL VILLAGE PETLAWAD, TEHSIL

DHARAMPURI (MADHYA PRADESH)

4. GAURISHANKAR S/O MOTILAL VILLAGE PETLAWAD, TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1149 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER DIVISIONAL ENGINEER SARDAR

SAROVAR PROJECT, DHARAMPURI (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. RUGNATH S/O BALLU THR LRS GANESH S/O RUGHNATH, R/O

VILLAGE PANDRANIY, TEHSIL DHARAMPURI (MADHYA

- : 14 :-

F.A. No. 777/2020 & connected appeals.

PRADESH)

2. BALLU S/O SUKHRAM (BALAI) VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

3. BHARAT S/O SUKHRAM VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

4. SURESH S/O SUKHRAM VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

5. NAJIBAI W/O SUKHRAM VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

6. SUMANBAI D/O DAYARAM VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

7. MANJUBAI D/O DAYARAM VILLAGE PANDRANIA, TEHSIL-

DHARMAPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1150 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT,

DHARAMPURI (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DISTT. DHAR (MADHYA PRADESH)

.....PETITIONERS

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. RUPESH S/O SANJAY VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

2. DEEPESH S/O SANJAY VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

3. SHARADBAI W/O SANJAY VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1151 of 2020

- : 15 :-

F.A. No. 777/2020 & connected appeals.

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

KALU S/O SHANKAR VILLAGE BIKHRON TEHSIL DHARAMPURI

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1152 of 2020

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI, DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. KESARICHAND S/O PANCHILAL VILLAGE PETLAWAD TEHSIL

DHARAMPURI (MADHYA PRADESH)

2. NISARBAI D/O PANCHILAL VILLAGE PETLAWAD, TEHSIL

DHARAMPURI (MADHYA PRADESH)

3. KUSUM D/O PANCHILAL VILLAGE PETLAWAD, TEHSIL

DHARAMPURI (MADHYA PRADESH)

4. RAJKUNWARRBAU W/O PANCHILAL VILLAGE PETLAWAD,

TEHSIL DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1153 of 2020

- : 16 :-

F.A. No. 777/2020 & connected appeals.

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI, (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

RAKESH S/O KESHRICHANDRA VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1154 of 2020

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. ATUL KUMAR S/O GAMBHIR KUMAR VILLAGE PANDRANIA

TEHSIL DHARAMPURI (MADHYA PRADESH)

2. GAYATRIBAI W/O GAMBHIR KUMAR VILLAGE PANDRANIA,

TEHSIL- DHARMAPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1155 of 2020

BETWEEN:-

1. LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT,

DHARAMPURI (MADHYA PRADESH)

- : 17 :-

F.A. No. 777/2020 & connected appeals.

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1.

HUKUMCHAND S/O LATE SEETARAM THR LRS KAMLESH S/O

HUKUMCHAND, R/O-VILLAGE DHAMNOD, TEHSIL DHARAMPURI

(MADHYA PRADESH)

2. RAMPYARIBAI W/O HUKUMCHAND VILLAGE DHAMNOD, TEHSIL

DHARAMPURI, DIST. DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1156 of 2020

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

1. SURENDRA S/O RAJARAM VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

2. NARENDRA S/O RAJARAM VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

3. RAJESH S/O RAJARAM VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

4. RUPESH S/O SANJAY VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

5. DEEPESH S/O SANJAY VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

6. SHARADBAI W/O SANJAY VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

- : 18 :-

F.A. No. 777/2020 & connected appeals.

REVIEW PETITION No. 1158 of 2020

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI, DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

NARENDRA S/O RAJARAM VILLAGE PANDHRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1160 of 2020

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI DIST DHAR (MADHYA PRADESH)

2. STATE OF M.P. THROUGH COLLECTOR (LAND ACQUISITION)

SARDAR SAROVAR PROJECT DIST. DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

AMBARAM S/O SITARAM VILLAGE IKHRON TEHSIL DHARAMPURI

DIST DHAR (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

REVIEW PETITION No. 1161 of 2020

BETWEEN:-

1. SARDAR SAROVAR PROJECT LAND ACQUISITION OFFICER

DHARAMPURI DIST DHAR (MADHYA PRADESH)

- : 19 :-

F.A. No. 777/2020 & connected appeals.

2. STATE OF M.P. TH. COLLECTOR (LAND ACQUISITION) SARDAR

SAROVAR PROJECT DIST DHAR (MADHYA PRADESH)

.....PETITIONERS.

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE PETITIONERS.)

AND

RAMBHABAI W/O RUGHNATH VILLAGE PANDRANIA TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

ONDENTS.)

FIRST APPEAL No. 46 of 2021

BETWEEN:-

1.

THE STATE OF MADHYA PRADESH LAND ACQUISITION OFFICER

SARDAR SAROVAR PROJECT DHARAMPURI, DHAR (MADHYA

PRADESH)

2. STATE OF MP LAND ACQUISITION, SARDAR SAROVAR PROJECT

SARDAR SAROVAR PROJECT, DHARAMPURI (MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANTS.)

AND

1. PARASRAM S/O DAYARAM PANDARANIA, TEHSIL - DHARAMPURI

DISTRICT- DHAR (MADHYA PRADESH)

2. SUKHDEV S/O DAYARAAM PANDRANIA , TEHSIL DHARAMPURI

(MADHYA PRADESH)

3. KAILASH S/O DAYARAM PANDRANIA , TEHSIL DHARAMPURI

(MADHYA PRADESH)

4. HAIRIRAM S/O DAYARAM PANDRANIA , TEHSIL DHARAMPURI

(MADHYA PRADESH)

5. TARA BAI W/O LATE SHRI DAYARAM PANDRANIA , TEHSIL

DHARAMPURI (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

FIRST APPEAL No. 58 of 2021

- : 20 :-

F.A. No. 777/2020 & connected appeals.

BETWEEN:-

1.

THE STATE OF MADHYA PRADESH LAND ACQUISITION OFFICER

LAND ACQUISITION OFFICER SARDAR SAROVAR PROJECT

DHARAMPURI, DHAR (MADHYA PRADESH)

2.

STATE OF MP LAND ACQUISITION, SARADAR SAROVAR PROJECT

R/O: VILLAGE DUGNI TEHSIL DHARAMPURI DISTRICT DHAR

(MADHYA PRADESH)

.....APPELLANT

(BY SHRI VIVEK PATWA, LEARNED COUNSEL FOR THE APPELLANTS.)

AND

RAKESH S/O KESHRICHAND PANDRANIA, TEHSIL DHARAMPURI

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI A.S. GARG, LEARNED SENIOR ADVOCATE WITH SHRI

JITENDRA SHUKLA, ADVOCATE FOR THE RESPONDENTS.)

Reserved on

:

04.04.2024

Pronounced on

:

12.04.2024

These first appeals and review petitions having been heard and

reserved for order/judgment, coming up for pronouncement this day,

this Court pronounced the following:

Advocates:
Vivek Patwa,

JUDGEMENT

As the controversy involved in these First Appeals is identical, therefore, they are being disposed of by this common judgment. For the sake of convenience, the facts narrated in F.A. No. 778/2020 (Land Acquisition Officer & another V/s. Keshrichandra S/o. Panchilal & others) are being taken into consideration.

01. The Land Acquisition Officer, Sardar Sarovar Project, Dharampuri, District Dhar has filed these bunch of first appeals against the judgment and Award dated 2.4.2018 passed by the learned Additional District Judge, Dharampuri, District Dhar in Land Acquisition Case No. 1191/2013 whereby the compensation has been enhanced by awarding @ Rs. 8.00 Lakhs per Hectare for irrigated land situated in Village Pandhranya, Tehsil Dharampuri, District Dhar.

The facts of the case, in short, are as under :

02. The Executive Engineer, OSP Canal Division, Dhamnod, District Dhar vide letter dated 26.8.2008 requested the Land Acquisition Officer to acquire the private lands admeasuring 23.668 Hectare of Village Pandhranya for completion of the third Phase of the canal under Omkareshwar Project. In pursuant to the aforesaid request, a Notification u/s. 4(1) of the Land Acquisition Act was issued on 19.9.2008 and published in two Hindi newspaper viz. Swadesh and in Dainik Bhaskar on 24.9.2008. Thereafter, Notification u/s. 6 of the Land Acquisition Act was issued on 17.10.2008 and published in Hindi daily newspaper Dainik Bhaskar and Nai Dunia on 16.10.2008. Thereafter, the Collector and Ex-officio Dy. Secretary, State of M.P., Dhar vide order dated 12.11.2008 granted permission of acquisition u/s. 7 of the Land Acquisition Act for issuance of Notification u/s. 9 of the Act. Vide Notification u/s. 9 dated 7.1.2009 the Land Acquisition Officer initiated the proceedings for deciding the compensation for acquisition in all the three phases i.e. Phase No. 1, 2 and 3 of the Canal of Omkareshwar Project. All the landowners appeared before the Land Acquisition Officer and submitted as many as 35 objections. For those landowners who agreed to receive 80% of the amount, the same was paid to them.

03. The State Government vide circular dated 16.4.1991 issued directions to pay the compensation uniformly in respect to the land which is close to the irrigation command area. The Land Acquisition Officer after considering all the circulars issued by the State Government and the guidelines issued by the Collector of the concerned village and objections of the landowners, vide award dated 28.5.2009 decided to grant the compensation for irrigated lands @ Rs.3,30,000/- per Hectare and for un-irrigated lands @ Rs.2,10,000/- along with solecium @ 30% and interest @ 12% per annum.

04. Being aggrieved by the aforesaid award, the land owners sought reference from the Collector u/s. 18 of the Land Acquisition Act, which was referred to the District Judge for adjudication. The land owners produced two sale-deeds of sale of land situated at Village Gyaspur Khedi @ Rs.5.00 Lakhs per Hectare as an exmplers and also exhibited the map to show the location of their village. The land owners examined themselves and in rebuttal, the Patwari of Halka No.11 was examined by the NVDA. After appreciating the evidence that came on record especially relying on two sale-deeds of Village Gyaspur Khedi, the learned Additional District Judge, Dharampuri vide award dated 2.4.2018 enhanced the amount of compensation for the irrigated land @ Rs.8.00 Lakhs per Hectare.

05. Being aggrieved by the aforesaid award dated 2.4.2018, various first appeals were filed by the land owners before this Court. All the said first appeals were decided finally on the first day of listing by the co-ordinate Bench of this Court vide judgment dated 11.5.2020 by relying on the judgment dated 30.11.2017 in F.A. No. 1314/2014 (Devdutt V/s. State of M.P. & others) mutatis mutandis subject to the SLP, if any, pending


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