Facts
The petitioners sought compensation for 0.0382 hectares of land acquired for construction and widening of a master-plan road in Bhopal, claiming approximately ₹76.40 lakh and challenging the application of the State’s Transfer Development Right policy
Source reference: p.1The respondents had offered ₹30.56 lakh under the consent land-purchase policy and also offered increased Floor Area Ratio (FAR); the petitioners had not responded to the offer
Source reference: para. 2; para. 5The petitioners sought liberty to make a representation for appropriate compensation, while the State maintained that the offer reflected the prevailing market value
Source reference: para. 2; para. 3Issues
Whether the Court should determine the disputed quantum of compensation in the writ petition
Source reference: para. 2; para. 4; para. 6Whether the petitioners should be permitted to seek a reasoned determination of their compensation claim from the competent authority
Source reference: para. 2; para. 6; para. 7Law Applied
The petition was brought under Article 226 of the Constitution of India
Source reference: p.1The Court did not identify or apply any specific statutory compensation provision or precedent; it made no determination of the petitioners’ substantive entitlement and directed the competent authority to consider the dispute and pass a reasoned order in accordance with law
Source reference: para. 7Reasoning
The parties disputed the adequacy of the ₹30.56 lakh offer, and the respondents also relied on the increased FAR offered and the alleged appreciation in value of the remaining land after road construction
Source reference: para. 2; para. 3; para. 5; para. 6Given these competing positions, the Court considered it appropriate for the competent authority—the Superintending Engineer, Capital Project Administration, Bhopal—to assess the claim after hearing the petitioners, rather than decide the compensation merits itself
Source reference: para. 6It expressly left the merits open
Source reference: para. 7Holding
The writ petition was disposed of without expressing any view on the merits.
The petitioners may submit a representation, with supporting details and their claimed amount, to respondent No. 7 within 15 working days. The authority must provide a hearing and issue a reasoned, speaking order within 60 days of receiving the representation, considering paragraphs 14 and 15 of the respondents’ return.
Source reference: para. 7If the petitioners are found entitled to the claimed amount and agree to accept the amount finally calculated, it must be disbursed within a further 30 days.
Source reference: para. 8Original Court PDF
Reva Shankar YogivsState Of M.P.
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