Heard on the question of admission.
The present appeal is related to village Udali.
The issue regarding grant of compensation to the landowners of villages - Madhavpur, Asukhedi, Kalyancikhedi, Piplya, Suhagpur, Khandwa, Sagore and Godgaon of Tahsil and District Dhar for acquisition of ‘Auto Test Track’ has been decided on 19.12.2014 by this Court in First Appeal No. 497/2012 Subhash s/o Kashiram v. The State of MP; paragraphs No. 31 to 34 of the said decision are relevant, which reads, as under:-
“31. In these circumstances, we are of the view that the land in question has substantial potential and is located adjacent to developed industrial area. This fact is also corroborated by the statements of revenue officer and witnesses of land owners, which were recorded before the learned reference Court. There is no cross - examination on the aforesaid issues nor Government tried to examine any one on these issues before the reference Court. The cumulative effect of the documentary and oral evidence on record is that it is a case of acquisition of land which is situated on a reasonably good location surrounded by developed areas having civic amenities and facilities and further development of industrial activity was going on in nearby areas. From the aforesaid, it is evident that the land acquired at the potential of being developed for residential or institutional purposes as already noticed, the same was acquired for “Auto Testing Track”. Therefore, it is a case, where the Court should apply minimal deduction, which will meet the ends of justice and would help in determining just and fair compensation for the land in question. We are of the considered view that 20% deduction from the market value of the acquired land would meet the ends of justice.
32. Noticing the aforesaid evidence of high potential of the land and the amount of compensation which the landlord is going to receive, we disallow the increase of 15% per year between the date of sale-deed and the date of notification under Section 4 of the Act on account of appreciation of the market value. We therefore, for the above mentioned reasons, dismissed the appeals filed by the State of M.P The appeals filed by the appellants - claimants/landowners are allowed in part. The impugned judgment therein is modified to the extent that the land owners whose land were acquired for “Auto Testing Track” are entitled to claim compensation at the rate fixed by the reference Court in the impugned judgment, with a deduction of 20% instead of 65% on account of appreciation of market value. The same shall be worked out on the basis of rate determined by the reference Court along with interest and solatium as awarded by the reference Court in the impugned judgments.
33. In view of the decision of the Apex Court cited herein-earlier, we allowed the prayer of the landowners who have reduced the valuation of their appeal by holding that they are entitled to claim the rate fixed by the reference Court in the impugned judgment with a reduction of 20% instead of 65% of amount on appreciation of market value. The same shall be worked out on the basis of rate determined by the reference Court along with interest and solatium as awarded by the reference Court in the impugned judgment. It is made clear that the enhanced compensation which is now been directed to pay to the appellants-claimants/landowners who are appellant in these bunch of appeals and the same shall be paid if the appellants - landowners shall deposit the requisite court fees on the aforesaid enhanced amount within 4 months from the date of supply of copy of this order to this Court. It is also made clear that they are entitled for enhanced amount of compensation only after payment of deficit court fees to the High Court. If the deficit court fees is paid within specified time as fixed by this Court, the Registry will issue necessary certificate to them and then only they will be entitled for the enhanced amount of compensation.
34. In the result, all the appeals filed by the appellants - claimants/landowners are partly allowed. All the appeals filed by the State are hereby dismissed. The impugned judgment therein is modified to the extent that the land owners whose land were acquired for “Auto Testing Track” are entitled to claim compensation at the rate fixed by the reference Court in the impugned judgment, with a deduction of 20% instead of 65% on account of appreciation of market value. The same shall be worked out on the basis of rate determined by the reference Court along with interest and solatium as awarded by the reference Court in the impugned judgments.”
In view of the aforesaid, we dispose of First Appeal No. 15/2015 on the same terms.