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2025 Supreme(Online)(MP) 4829
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA rd ON THE 23 OF JULY, 2025 FIRST APPEAL No. 676 of 2024 THE STATE OF MADHYA PRADESH THROUGH THE COLLECTOR LAND ACQUISITION GWALIOR AND OTHERS Versus GANPATI S/O SHRI MANGAL (DIED) THROUGH LR BHAGWANDAS AND OTHERS Appearance:
Shri G.K. Agarwal – Government Advocate for appellants/State.
Shri Chetan Kanungo- Advocate for respondent No.5.
Advocate General,
The acceptance of compensation under protest does not bar a landowner from filing a reference application under Section 18 of the Land Acquisition Act if filed within the knowledge period, emphasizing fairness in procedural rights.
Headnote:(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 74 - Appeal against award passed by Reference Court regarding land acquisition compensation - Dismissed due to lack of merit; reliance on Collector guidelines affirmed. (Paras 1, 4, 36)
(B) Limitation - Reference was not barred by time as the knowledge of award determines the limitation period, which was satisfied herein. (Paras 9, 20)
(C) Acceptance of Compensation - Acceptance by landowner under protest does not bar filing for reference under Section 18 of the Act. (Paras 24, 28)
Facts of the case:
The appeal was filed by the State against the Reference Court's award enhancing compensation for land acquisition from ₹4,30,167 to ₹10,50,000 per hectare. Contentions involved whether the reference was maintainable given the acceptance of the compensation amount and whether it was filed within the limitation period. (Paras 1, 2, 3)
Findings of Court:
The Court held that the respondent's application for reference was maintainable, having been filed within six months from the date of knowledge of the award and that the award was made without proper notice, affirming the reliance on Collector guidelines for determining market value. (Paras 28, 36)
Issues: Whether the reference was barred by time, and if acceptance of compensation without protest affects the maintainability of the reference application.
Ratio Decidendi: The landmark principles established that the date of the Collector’s award is interpreted to include the date of knowledge for limitation purposes, and compensation accepted under protest permits filing for reference. (Paras 9, 20, 24, 28)
Result: Appeal dismissed.
JUDGEMENT
This first appeal under Section 74 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 has been filed against the Award dated 30.06.2022 passed by V District Judge, Gwalior in MJC (Land Acquisition) No.188/2022 by which reference filed by respondent has been allowed.
2. It is submitted by counsel for the parties that so far as the ground raised by appellants with regard to the fact as to whether reference was barred by time or not and whether respondent had accepted compensation amount without protest or not is concerned, same has already been decided by this Court by order dated 23.06.2025 in the case of State of M.P. And Others Vs. Lokendra Singh in FA. No.264/2021, therefore, for the aforesaid grounds are duly covered by order passed by this Court in the case of Lokendra Singh (supra) However, it is submitted by counsel for appellants that Reference Court should not have awarded compensation amount by relying upon the Collector guidelines.
3. Per contra, it is submitted by counsel for respondent that so far as the Collector guidelines issued by Collector can be guidelines for ascertaining market value and thus, the Reference Court did not commit any mistake by relying upon the Collector’s guidelines.
4. Heard learned counsel for the parties.
5. So far as the question as to whether Reference was barred by time and whether respondent had accepted compensation amount without any protest or not is concerned, this Court in the case of Lokendra Singh (supra) has held as under:
“1. This appeal, under Section 54 of the Land Acquisition Act , 1894 (for short “the Act”) , has been filed against the order/Award dated 13.07.2020 passed by Additional Judge to the Court of First Additional District Judge, Gohad, District Bhind in Land Acquisition MJC Case No. 16 of 2015 by which reference filed by respondent has been allowed.
2. It is not out of place to mention here that against the award passed by Land Acquisition Officer, a reference was made under Section 18 of Land Acquisition Act . By impugned award, the Trial Court has enhanced the compensation amount. It was informed by Counsel for the parties, that being dissatisfied by the award passed by the Reference Court, the Land owners have also filed First Appeal.
3. As a general practice, all the appeals arising out of one judgment and decree or award should be heard analogously, but in the present case, it was submitted by Counsel for appellant, that the State has not questioned the quantum of compensation and the appeal is being pressed only on two grounds i.e., that the reference was barred by time and since, the respondent/land owner had received the compensation amount therefore, the reference is not maintainable.
4. In view of the grounds of attack, this Court is of the considered opinion, that large number of appeals are pending but since, the question for consideration in both the appeals, i.e., by the State and the land owners, are not overlapping each other and the appeal filed by the State can be decided without adversely effecting the ground regarding quantum of compensation which is the subject matter of appeal filed by land owner, therefore, the appeal filed by the State is being decided.
5. The facts necessary for disposal of present appeal, in short, are that a notification was issued for acquisition of 2.52 hectares of land for construction of canal and accordingly in Land Acquisition Case Number 21/2012-13/A-82, Award dated 17/9/2013 was passed and Land Acquisition Officer awarded compensation @ ₹4,30,167 per hectare. Being aggrieved by the said Award, respondent preferred an application under Section 18 of the Act on 23.08.2014. The matter was referred by Collector to District Court for answering the reference. The Additional Judge to the Court of First Additional District Judge, Gohad, District Bhind by Award dated 13.07.2020 passed in MJC Number 16 of 2015 allowed the reference and awarded ₹10,50,000/
