Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10200 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 1273 OF 2016 ]
M.P. HOUSING BOARD (NOW KNOWN AS M.P HOUSING
AND INFRASTRUCTURE DEVELOPMENT BOARD)
AND ORS. Appellants(s)
VERSUS
PURUSHOTTAM LAL AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. This litigation has a chequered history.
However, in the larger interest of the parties, we
are happy to note that the entire disputes have been
given a quietus in a court-involved settlement.
3. The Land Acquisition proceedings were initiated
issuing Section 4(1) Notification at the instance of
the Madhya Pradesh State Housing Board in the year
1996. According to the Housing Board, they had
deposited the entire compensation with the Land
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2017.08.12
10:47:43 IST
Reason:
Acquisition Collector. But it is not in dispute that
the compensation has not been paid to the land
owners. In view of the introduction of The Right to
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Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013 (in short, “2013 Act”) with effect from
01.01.2014, the acquisition proceedings lapsed,
though possession had been taken by the Board, and
partly developed also. The respondents had
approached the High Court with regard to certain
disputes on compensation and only fortuitously, they
got the declaration on lapse.
4. On a direction issued by this Court, the State
Government has filed a report indicating that the
compensation in terms of the acquisition proceedings
is only around Rs.33 Lakhs. But since the
acquisition has lapsed, the owners would have to be
awarded the compensation under the 2013 Act in case
the Board still needs the land. The market value is
Rs.24 Crores and odd, as in 2017-2018, as is reported
by the State.
5. One offer given was that though the land owners
are entitled to 100% solatium in terms of Section 48,
they are prepared in larger public interest to forgo
the solatium in case they get four housing plots.
The learned senior counsel appearing for the Housing
Board submits that since the Housing Board has to
plan the housing for the purpose of weaker sections,
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it will be in the interest of both sides not to allot
houses to the land owners and, therefore, it is
suggested that the compensation in terms of the value
of the plots given also be added and the whole thing
could be finished in one go. Having regard to the
peculiar facts of this case, the learned counsel on
both sides, on instruction, requested the court to
settle the whole disputes by fixing an appropriate
amount. Having regard to the large extent of land,
we are of the view that the entire compensation be
fixed at Rs. 27.50 Lakhs. The suggestion has been
fairly accepted by both sides. Therefore, the entire
claims in respect of the land of the respondents will
be settled by the Housing Board by paying
Rs.27,50,00,000/- (Rupees Twenty Seven Crores and
Fifty Lakhs) by way of a one-time compensation.
6. We make it clear that this is in full and final
settlement of all the claims and there shall be no
further claims. The above amount shall be paid to
the respondents within a period of two months from
today. It is made clear that in case the amount is
not paid within two months, the same shall accrue
interest at the rate of 18% p.a. and the officers
responsible for the delay shall be personally liable
for the same.
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7. With the above observations and directions, this
appeal is disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ R. BANUMATHI ]
New Delhi;
August 04, 2017.
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ITEM NO.58 COURT NO.5 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 1273/2016
(Arising out of impugned final judgment and order dated 15-10-2015
in WA No. 305/2007 passed by the High Court Of M.P. At Jabalpur)
M.P. HOUSING BOARD
(NOW KNOWN AS M.P HOUSING AND
INFRASTRUCTURE DEVELOPMENT BOARD) AND ORS. Petitioner(s)
VERSUS
PURUSHOTTAM LAL AND ORS. Respondent(s)
(PERMISSION TO FILE ANNEXURES]
Date : 04-08-2017 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Sunil Gupta, Sr. Adv.
Mr. Pramod Dayal, AOR
Mr. Nikunj Dayal, Adv.
Ms. Payal Dayal, Adv.
For Respondent(s) Mr. Purushaindra Kaurav, Adv.
Mr. Mishra Saurabh, AOR
Mr. Ankit Kumar Lal, Adv.
Ms. Vanshaja Shukla, Adv.
Mr. Varun K. Chopra, Adv.
Mr. Sunny Choudhary, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment
Pending interlocutory applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)