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2026 Supreme(Online)(MP) 123088
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
ON THE 29th OF SEPTEMBER, 2026
FIRST APPEAL No. 1080 of 2024
FIRST APPEAL No. 1081 of 2024
FIRST APPEAL No. 1082 of 2024
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WESTERN RAILWAY / DEPUTY CHIEF ENGINEER (CONSTRUCTION)
Versus
KAILASH AND OTHERS / KRISHNA S/O SHRI NEMICHAND THROUGH LRS. SMT.DALIBAI AND OTHERS / MURLI AND OTHERS / LAXMINARAYAN S/O BHAGIRATH THROUGH LRS SMT. LEELABAI AND OTHERS / MANSOOR AND OTHERS / KUNWARJI / KAILASH AND OTHERS / HARIKISHAN S/O DEVCHANDRA THROUGH LRS SMT.NANDIBAI AND OTHERS / PARMESHWAR AND OTHERS / BHAGWAN AND OTHERS / KASTURIBAI W/O GIRDHARI THROUGH LRS BHURESINGH AND OTHERS / RUSTAM S/O SHERU THROUGH LRS SALIM AND OTHERS / IBRAHIM AND OTHERS / SMT. SAGAR BAI AND OTHERS / GHANIBAI AND OTHERS / DULICHAND AND OTHERS / RAMA S/O GANESH THROUGH LRS RATANLAL AND OTHERS / SHYAMUBAI AND OTHERS / MAHESH AND OTHERS / AABID HUSSAIN AND OTHERS / PARMANAND S/O SHRI RAMAJI THROUGH LRS. SMT.RAMKANYABAI AND OTHERS / HEERALAL AND OTHERS / KANIRAM @ KANHAIYALAL AND OTHERS / RADHAKISHAN AND OTHERS / GANGARAM AND OTHERS / BHAGWAN AND OTHERS / REVASHANKAR AND OTHERS / JITENDRASINGH AND OTHERS / VARDIBAI AND OTHERS / SMT. DHARMIKA BAI AND OTHERS / ABBAS ALI AND OTHERS / BHERULAL AND OTHERS / SEETARAM S/O SHRI PANNALAL THROUGH LRS. SMT. NARMADABAI AND OTHERS / AYODHYABAI AND OTHERS / GEETABAI AND OTHERS / RAMKISHAN AND OTHERS / DEVNARAYAN AND OTHERS / RATANLAL AND OTHERS / MANOJ AND OTHERS / SHYAMLAL AND OTHERS / SHIRINBAI AND OTHERS / GHEESIBAI AND OTHERS / MANSINGH AND OTHERS / AMRITA BAI AND OTHERS / MOHANLAL AND OTHERS / BHERULAL AND OTHERS / SMT. JAMNABAI AND OTHERS / KAILASCHANDRA AND OTHERS / VIJAY AND OTHERS / PRAKASH AND OTHERS / NATWARLAL S/O SHRI RAMLAL THROUGH LRS. SMT.KUSUMLATA AND OTHERS / BHERULAL AND OTHERS / HARNAMSINGH AND OTHERS / RESHAMBAI AND OTHERS / MEHARBAN S/O SHRI HINDUSINGH THROUGH LRS.SMT. PUSHPABAI AND OTHERS / GANESH @ GANGADHAR AND OTHERS / KUSUMLATA W/O SURESHCHANDRA VIJAYVARGIYA THROUGH LRS. SURESH CHANDRA AND OTHERS / DHAPUBAI AND OTHERS / DINESH AND OTHERS / TEJKUNWAR BAI @ TEJUBAI AND OTHERS / RAMESH AND OTHERS / RAMESHCHANDRA AND OTHERS / DUNGAR SINGH AND OTHERS / SMT. LEELABAI AND OTHERS / KANHAIYALAL AND OTHERS / AJEET SINGH AND OTHERS / HARIRAM S/O SHRI BHEELU THROUGH LRS SMT. NANIBAI AND OTHERS / VIJAY KUMAR AND OTHERS / KAILASH S/O SHRI AMARSINGH THROUGH LRS SMT.KRISHNABAI AND OTHERS / GOVIND AND OTHERS / MUNNIBAI AND OTHERS / ANANDIBAI AND OTHERS / KAMAL AND OTHERS / BHURE SINGH AND OTHERS / ANOKHILAL AND OTHERS / SMT. CHANDA BAI AND OTHERS / MANOHAR AND OTHERS / KUNWAR JI AND OTHERS / BHOLARAM AND OTHERS / TEJUBAI AND OTHERS / GHANSHYAM AND OTHERS / RAMU AND OTHERS / LALJI S/O SADARAM (SAKHARAM) THROPUGH LRS.RAJESH AND OTHERS / SITARAM AND OTHERS / MUNNIBAI AND OTHERS / RAJESH S/O SHRI SHRI NANDRAM THROUGH LRS.SMT. SUNITA AND OTHERS / SAJAN SINGH AND OTHERS / HANSRAJ AND OTHERS / AYODHYABAI AND OTHERS / BHERULAL AND OTHERS / RATANSINGH AND OTHERS / SURESH AND OTHERS / SHOUKAT AND OTHERS / KAILASH S/O SHRI AMARSINGH THROUGH LRS. SMT. KRISHNABAI AND OTHERS / BHAGWAN AND OTHERS / MOHABBAT ALI AND OTHERS / CHHOTELAL AND OTHERS / AMRITABAI AND OTHERS / ANANDIBAI AND OTHERS / UNKAR (ONKAR) S/O SHRI MULCHAND THORUGH LRS.SMT. RANJANA AND OTHERS / JAGANNATH S/O SANWAL THROUGH LRS. SMT. NANIBAI AND OTHERS / RAMESHWAR S/O JAGANNATH GARI DECEASED THROUGH LRS JATANBAI AND OTHERS / NARAYAN SHIVLAL AND OTHERS / MANSINGH AND OTHERS / GEETABAI AND OTHERS / CHAMPALAL AND OTHERS / BADRILAL S/O NANDRAM (SINCE DECEASED) THROUGH LRS. SANGITABAI AND OTHERS / KAMALABAI AND OTHERS / JAGDISH S/O LATE BADRILAL THROUGH NATURAL GUARDIAN KALABAI AND OTHERS / HEERABAI W/O JAGANNATH (SINCE DECEASED) THROUGH LRS.LAXMAN AND OTHERS / OMPRAKASH AND OTHERS / LAL SINGH AND OTHERS / RATAN SINGH AND OTHERS / DINKAR RAO AND OTHERS / BHAGIRATH AND OTHERS / VISHNU AND OTHERS / OMPRAKASH S/O BABULAL (DECEASED) THROUGH LRS. SMT.ALKA AND OTHERS / LATE MUNSHI KHA S/O GUL JI (DECEASED) THROUGH LRS SUGARA AND OTHERS / RAJENDRA DECEASED THROUGH LRS. SMT. LAXMI BAI AND OTHERS / MAHESH AND OTHERS / SURESH CHANDRA DECEASED THROUGH LRS. SMT. CHANDA BAI @ CHANDRAMANI AND OTHERS / PYARELAL AND OTHERS / BHERULAL AND OTHERS / CHANDABAI AND OTHERS / NARAYAN AND OTHERS / DEEPAK AND OTHERS / DILIP AND OTHERS / HARIOM AND OTHERS / BHAGWAN SINGH AND OTHERS / GAJANAND AND OTHERS / DALLU SINGH AND OTHERS / ANOOP SINGH AND OTHERS / RAMI BAI AND OTHERS / GHANSHYAM AND OTHERS / ANANDILAL AND OTHERS / VISHNU AND OTHERS / RATAN AND OTHERS / MUKESH AND OTHERS / BHAGWATI BAI AND OTHERS / KANHAIYALAL AND OTHERS / SUNDERLAL AND OTHERS
Shri Sunil Jain, learned Additional Solicitor General assisted by Shri Romesh Dave, Dy. Solicitor General with Shri Garvit Singh - Advocate for the appellants/Union of India.
Shri Mahendra Singh Gurjar with Shri Jitendra Shukla - Advocate for the respondents/land owners.
Accordingly, the appeals stand disposed of in above terms.
(PAVAN KUMAR DWIVEDI)
JUDGE
JUDGMENT
Heard on 27.04.2026
Pronounced on 29.09.2026
Looking to the similitude of the issue involved and as agreed by the learned counsel appearing for the parties, the present bunch of appeals is being heard analogously and decided by this common judgment.
Delay in some of the appeals:
1. Before adverting to the facts and merits of the case, applications for condonation of delay filed in some of the appeals are taken into consideration. As there is delay in some of the appeals thus, applications for condonation of delay has been filed explaining delay and by placing reliance on the judgment of the Hon'ble Apex Court rendered in case of Deputy Commissioner and Special Land Acquisition Officer vs. S.V.Global Mill Limited, 2026 SCC OnLine SC 171 particularly on para 79 and 97 (iii) (iv).
2. In view of the law as laid down by the Hon'ble Apex Court in case o f S.P.Global (supra) and considering the explanation given in the applications in all cases where delay has occurred, the same is hereby condoned as such applications for condonation of delay are disposed of.
Facts of the case:
As far as the merits of the cases is concerned, the same is being considered in the foregoing paragraphs, however for the ready reference, the facts of First Appeal No. 1080/2024 are being referred to.
3. The present appeal has been filed under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013') being aggrieved by the judgment and decree dated 23.02.2024 passed by the learned Additional District Judge, Dhar, District Dhar (MP) (hereinafter referred to as the 'Reference Court') in EXLA No. 36/2013 whereby the amount of compensation has been enhanced by applying factor of two in place of factor of one.
4. The facts of the case are that the Western Railways through its Deputy Chief Engineer, Construction (appellant herein) approached the State Government of Madhya Pradesh for the purpose of acquisition of land for construction of "Indore-Dahod New Broad Gauge Railway Line". The State Government based on the proposal of Western Railways carried out the process of acquisition of land for which notification under Section 11 of the Act of 2013 was issued on 25.11.2016 by the State Government and after following due process of law, the award dated 16.07.2018 was passed by the Sub Divisional Officer / Land Acquisition Officer.
5. The respondent/land owners being dissatisfied with the determination of the amount of compensation challenged the same in terms of Section 64 of the Act of 2013 before the authority constituted in terms of Section 51 of the Act of 2013 i.e. the Reference Court at Dhar. The Reference Court after recording evidence, passed the impugned award dated 23.02.2024. The Reference Court dealt with three different issues. First, whether the application was filed within time; second, whether the valuation of acquired land was correctly done; and third, whether adequate compensation was paid.
6. As regards the issue of limitation, the Reference Court held that all the applications were filed within limitation. As far as the question of valuation is concerned, the Court found that the acquisition authority has properly valued the land based on the market value determined by considering cogent material. However, while deciding the adequacy of compensation, the Court found that factor of 2.00 should have been applied for the reason that the land was acquired for the Central Government and thus, the Court found that in view of the provisions of Section 3(e) of the Act of 2013 read with the notification issued by the Central Government on 09.02.2016, the factor of 2.00 was to be applied as the appropriate Government in the present case would be the Central Government for the reason that the land was acquired for laying of railway line i.e. for the Railways, which belong to the Central Government. Consequently, the compensation was re-d
