Writ Appeal No. 254 of 2016 · Madhya Pradesh High Court

SMT. PREMLATA W/O NATHULAL AGRAWAL, AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS, R/O VILLAGE KUMEDI BEHIND CENTRAL WAREHOUSE, INDORE (MADHYA PRADESH) SANJAY S/O NATHULAL AGRAWAL, AGED ABOUT 38 YEARS, OCCUPATION: BUSINESS, R/O VILLAGE KUMEDI BEHIND CENTRAL WAREHOUSE, INDORE (MADHYA PRADESH) STATE OF MADHYA PRADESH THROUGH PRINCIPAL AND ENVIRONMENT DEPARTMENT, MANTRALAYA (MADHYA VALLABH PRADESH) SECRETARY, BAHWAN, HOUSING BHOPAL THE JOINT DIRECTOR TOWN AND COUNTRY PLAN N IN G, SHOPPING COMPLEX, A.B ROAD, INDORE (MADHYA PRADESH) (SHRI SUNIL JAIN, LEARNED SENIOR ADVOCATE WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS WRIT APPEAL No. 170 of 2016 Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM BETWEEN:- 2 DEVELOPEMENT INDORE CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROAD INDORE (MADHYA PRADESH) AUTHORITY

(SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

4. AMIT PRIYA GRIH NIRMAN SAHKARI SANSTHA MARYADIT INDORE, ADDRESS-763, USHA NAGAR, INDORE(M.P.) PRESIDENT MADHUSUDHAN S/O RAMCHANDRA, AGE-49 YEARS, OCCUPATION-SERVICE, R/O 11, JUNI INDORE, INDORE (MADHYA PRADESH) THROUGH LAND ACQUISITION OFFICER COLLECTORATE OFFICE INDORE (MADHYA PRADESH) COLLECTOR INDORE (MADHYA PRADESH) INDORE COLLECTORATE OFFICE COMMISSIONER COM M ISSION ER OFFICE, PRADESH) INDORE INDORE DIVISION, (MADHYA (SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI VAIBHAV JAIN AND SHRI VINITIJAY HARDIA, LEARNED COUNSELS FOR THE RESPONDENT [R-1]. .....RESPONDENTS WRIT APPEAL No. 171 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROAD, INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM

4. 3 MARYADIT, SHARDA MAHILA GRIH NIRMAN SAHKARI ADDRESS-15/2, SAMITI RAJMOHALLA, THROUGH PRESIDENT SMT. NILIMA W/O JITENDRA CHHABRA, AGED 45 YEARS, OCCUPATION- HOUSEWIFE, R/O 793, USHA NAGAR, INDORE (MADHYA PRADESH) INDORE(M.P.) LAND ACQUISITION OFFICER COLLECTORATE OFFICE, INDORE (MADHYA PRADESH) COLLECTOR INDORE COLLECTORATE OFFICE , INDORE (MADHYA PRADESH) COMMISSIONER COMMISSIONER OFFICE, PRADESH) INDORE INDORE DIVISION (MADHYA .....RESPONDENTS (SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI VINITIJAY HARDIA AND SHRI RAJEEV KUMAR JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1]. WRIT APPEAL No. 232 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER, 7, RACE COURSE ROAD INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

METROLLS PVT. LTD. THROUGH DIRECTOR - ADITYA BUBNA, PLOT NO. 12-13, VILLAGE KUMERDI INDORE (MADHYA PRADESH) UTTAM KUMAR S/O RAMGOPAL BUBNA R/O 25/4 YESHWANT NIWAS ROAD, INDORE (MADHYA PRADESH) LAND ACQUISITION OFFICER COLLECTOR INDORE COLLECTORATE (MADHYA PRADESH) INDORE

4. THE COLLECTOR, COLLECTORATE INDORE Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM (MADHYA PRADESH) 4

THE COMMISSIONER, ADDRESS-MOTI BUNGLOW M.G. ROAD, INDORE (MADHYA PRADESH) (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS WRIT APPEAL No. 236 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER, 7 RACE COURSE ROAD, INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

5. BIRANI STEEL INDUSTRIES, A PROPRIETARY CONCERN THROUGH PROPRIETOR - RAJENDRA BIRANI S/O SULTANSINGH BIRANI, AGE-56 YEARS, ODDUPATION - BUSINESS, R/O 3, VAIKUNTHDHAM INDORE (MADHYA PRADESH) S.S. STEEL INDUSTRIES, A PROPRIETARY CONCERN THROUGH PROPRIETOR PUSHPENDRA BIRANI S/O SULTANSINGH BIRANI, OCCUPATION - BUSINESS, MAHAVIR NAGAR, INDORE (MADHYA PRADESH) STATE OF M.P. THROUGH COLLECTOR, INDORE (MADHYA PRADESH) LAND ACQUISITION OFFICER, ADDRESS- COLLECTORATE OFFICE, INDORE (MADHYA PRADESH) THE COMMISSIONER, BUNGALOW, M.G. ROAD, INDORE PRADESH) ADDRESS-MOTI (MADHYA (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM 5 WRIT APPEAL No. 237 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROA INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

ANIL KUMAR S/O GAURI SHANKAR AGRAWAL C/O PASUPATI PLYWOOD INDUSTRIES NEAR CENTRAL WAREHOUSE GODOWN, MR-10 SECTOR-F, SANWER ROAD, INDORE (MADHYA PRADESH) SUNIL KUMAR S/O GAURI SHANAKAR AGRAWAL, C/O PASUPATI PLYWOOD INDUSTRIES NEAR CENTRAL WAREHOUSE GODOWN MR 10 SECTOR- F, SANWER ROAD, INDORE. (MADHYA PRADESH) SMT. SUBHIKA W/O SUNIL KUMAR C/O PASUPATI PLYWOOD CENTRAL WAREHOUSE GODOWN MR 10 SECTOR- F, SANWER ROAD, INDORE. (MADHYA PRADESH) INDUSTRIES NEAR PLYWOOD PASUPATI INDUSTRIES NEAR 10 CENTRAL WAREHOUSE GODOWN M.R. SECTOR-F SANWER ROAD. INDORE (MADHYA P R A D E S H ) THROUGH PROPERITOR VINOD KUMAR AGRAWAL LAND ACQUISITION OFFICER, COLLECTORATE OFFICE, INDORE (MADHYA PRADESH) THE COLLECTOR, COLLECTORATE (MADHYA PRADESH) INDORE THE COMMISSIONER, MOTI BUNGALOW, M.G. ROAD, INDORE (MADHYA PRADESH) (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS WRIT APPEAL No. 239 of 2016 Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM 6 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROAD INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

3. BIRANI STEEL INDUSTRIES THR. PROPRIETOR RAJENDRA BIRANI S/O SULTANSINGH BIRANI, AGED-56 YEARS, OCCUPATION-BUSINESS, R/O-3, VAIKUNTHDHAM INDORE (MADHYA PRADESH) STATE OF M.P. PRINCIPAL SECRETARY, HOUSING AND ENVIRONMENT DPARTMENT, VALLABH BHAWAN, BHOPAL, (MADHYA PRADESH) THROUGH THE JOINT DIRECTOR, TOWN AND COUNTRY PLANNING, ADDRESS- SHOPPING COMPLEX, A.B. ROAD, INDORE(M.P.) (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS WRIT APPEAL No. 240 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROAD INDORE (MADHYA PRADESH) (SHRI AYUSHYAMAN CHOUDHARY, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM M/S S.S. STEEL INDUSTRIES, A PROPRIETARY CONCERN, REGISTERED OFFICE-SANWER ROAD, INDORE (MADHYA PRADESH) 7

3. STATE OF M.P. PRINCIPAL SECRETARY, HOUSING AND ENVIRONMENT DEPARTMENT, BHAWAN, BHOPAL(MADHYA PRADESH) THROUGH VALLABH JOINT DIRECTOR, TOWN AND COUNTRY PLANNING, ADDRESS-SHOPPING COMPLEX, A.B.ROAD, INDORE(M.P.) (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS WRIT APPEAL No. 241 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER, 7, RACE COURSE ROAD, INDORE (MADHYA PRADESH) (SHRI AYUSHYAMAN CHOUDHARY, LEARNED COUNSEL FOR THE APPELLANT) .....APPELLANT AND

4. ARVIND FOUNDRY AND ENGINEERING WORKS SHRI THRU. PROPRIETOR KAMLESH SEWANTI LIL SHAH, ADDRESS-M.R.-10, SECTOR-F, SANWER ROAD, INDORE (MADHYA PRADESH) S/O LAND ACQUISITION OFFICER, COLLECTORATE OFFICE, INDORE (MADHYA PRADESH) THE COLLECTOR, COLLECTORATE (MADHYA PRADESH) INDORE THE COMMISSIONER, BUNGALOW, M.G. ROAD, INDORE PRADESH) ADDRESS- MOTI (MADHYA (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] .....RESPONDENTS WRIT APPEAL No. 255 of 2016 Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM BETWEEN:- 8 INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER, 7, RACE COURSE ROAD INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT). .....APPELLANT AND

3. LAL BUBNA, M/S METROLLS PVT.LTD. THRU.ADITYA S/O SHRI DIRECTOR PURSHOTTAM AUTHORIZED SIGNATORY REGD.OFFICE - 452, JAWAHAR MARG, HATHIPALA CHOURAHA, AGED - 50 YEARS, OCCUPATION - BUSINESS, R/O 25/4 YASHWANT NIWAS ROAD, INDORE (MADHYA PRADESH) STATE OF M.P. THROUGH PRINCIPAL SECRETARY HOUSING AND ENVIRONMENT DEPARTMENT MANTRALAYA, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH) THE JOINT DIRECTOR, TOWN AND COUNTRY PLANNING, SHOPPING COMPLEX, A.B. ROAD, INDORE (MADHYA PRADESH) (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1]. .....RESPONDENTS WRIT APPEAL No. 256 of 2016 BETWEEN:- INDORE DEVELOPEMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROAD, INDORE (MADHYA PRADESH) (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) AND

1. INDORE HYGIENE PRODUCT PVT. LTD. THROUGH .....APPELLANT Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM 9 CHETAN KUMAR EXECUTIVE, REGISTERED OFFICE 180/181, BHOWRASALA, SANWER ROAD, INDORE (MADHYA PRADESH) CHETAN KUMAR, MALWA EXECUTIVE POLYPLAST LTD. REG. OFF.- 180/181, BHOWRASALA, SANWER ROAD, INDORE MP (MADHYA PRADESH) PVT. PRADYUMAN KUJMAR M. SARIYA (HUF) S/O MAHIPAL SARIYA (MADHYA PRADESH) CHETAN KUMAR M. SARIYA (HUF) S/O MAHIPAL SARIYA (MADHYA PRADESH) RAJESH KUMAR M. SARIYA (HUF) S/O PAHIPAL SARIYA (MADHYA PRADESH) DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, SHOPPING COMPLEX, A.B. ROAD, INDORE (MADHYA PRADESH) PRINCIPAL ENVIRONMENT BHAWAN, BHOPAL (MADHYA PRADESH) HOUSING DEPARTMENT, VALLABH SECRETARY,

7. (SHRI VEER KUMAR JAIN, LEARNED SENIOR COUNSEL WITH SHRI VAIBHAV JAIN, LEARNED COUNSEL FOR THE RESPONDENT NOS.1, 4 AND 5) .....RESPONDENTS WRIT APPEAL No. 540 of 2016 BETWEEN:- INDORE DEVELOPMENT AUTHORITY THROUGH CHIEF EXECUTIVE OFFICER 7, RACE COURSE ROAD, INDORE (MADHYA PRADESH) .....APPELLANT (SHRI YOGESH KUMAR MITTAL, LEARNED COUNSEL FOR THE APPELLANT) AND

1. P.S.V. ENTERPRISES THROUGH SMT. SHEELA SINGH PROPRIETOR, OFFICE-MR-10, SECTOR-F, SANWER ROAD, INDORE (MADHYA PRADESH) Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM

4. 10 LAND ACQUISITION OFFICER STATE OF MADHYA PRADESH, COLLECTORATE INDORE (MADHYA PRADESH) THE (MADHYA PRADESH) COLLECTOR, COLLECTOR ATE INDORE THE COMMISSIONER MOTI BUNGLOW , M.G. ROAD, INDORE (MADHYA PRADESH) .....RESPONDENTS (SHRI SUNIL JAIN, LEARNED SENIOR COUNSEL WITH SHRI KUSHAGRA JAIN, LEARNED COUNSEL FOR THE RESPONDENT [R-1] [SHRI ANIKET NAIK, LEARNED DY. ADVOCATE GENERAL FOR THE STATE IN RESPECTIVE WRIT APPEALS) These appeals coming on for admission this day, JUSTICE SUSHRUT ARVIND DHARMADHIKARI passed the following: ORDER Regard being had to the similar controversy involved in all these writ appeals, they have been heard analogously with the consent of the parties and the same are being disposed off by a common order. For the sake of convenience, the facts are being taken from W.A. No.254 of 2016.

By these writ appeals under Section 2(1) of M.P. Uchcha Nyayalaya)Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, challenge has been made to the orders passed by the learned Single Judge in respective writ petitions whereby, the actual physical possession of the land in question was not taken over by the Indore Development Authority as also the compensation was not paid to the appellants in terms of the award.

03. Learned Single Judge while disposing of the writ petitions had passed the following operative portion vide order dated 02.02.2016 passed in W.P. No.1263 of 2012 and other connected matters :-

This Court without averting into the aforesaid factual position as compensation has not been paid to the petitioner nor has been Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM 11 deposited in the Court where reference is normally filed, is of the opinion that the controversy involved in the present case stands concluded by a judgment delivered in the case of Purushottam Lal (Supra) and therefore, this writ petition also stands allowed and the land acquisition proceedings are quashed. The land is restored back to the land owners and if required, respondents may proceed afresh in to Fair accordance with Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. the provisions of Right law under With the aforesaid, the writ petition stands allowed and disposed of. No order as to costs. Certified copy as per rules. Consequently, all other connected writ petitions also stand allowed on similar terms.

04. Being aggrieved, the appellants have challenged the common order in these writ appeals.

05. Learned counsel appearing for the respondents has pointed out that the respondents(original writ petitioners) had challenged the acquisition proceedings in respect of the land in question acquired under the provisions of the Land Acquisition Act, 1894. The learned Single Judge had dismissed the writ petitions. Being aggrieved, the present writ appeals have been filed. He further submitted that during pendency of the writ appeals, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013( in short .... "the Act of 2013") came into force and, thus, the original petitioners before this Court pressed into service Section 24 of the Act of 2013 and prayed that the acquisition with respect to the lands in question is deemed to have been lapsed under Section 24(2) of the Act of

2013. Even the Division Bench of this Court declared that acquisition with respect to the land in question is deemed to have been lapsed under Section 24(2) of the Act of 2013. Feeling aggrieved and dissatisfied with the common order, the Indore Development Authority preferred SLPs before the Apex Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM 12 Court. The Apex Court taking into consideration the decision of the Constitution Bench in the case of Indore Development Authority vs. Manoharlal and Others reported in (2020) 8 SCC 129 and without further entering into merits of the case, had set aside the impugned common judgment passed by the High Court and has remitted the matter back to the High Court to decide the original writ petitions afresh in accordance with law and on their own merits and in the light of the observations made by the Constitution Bench of the Apex Court in the case of Indore Development Authority(supra).

Learned counsel for the respondents further contended that the issues with regard to Section 24(2) as well as all other issues have been kept open to be considered by the Single Bench. Therefore, these bunch of matters need to be remanded back to the learned Single Judge for rehearing afresh.

07. Learned counsel for the petitioners submitted that the Supreme Court has considered the matter in respect of Section 24(2) of the Act of 2013 only and no other questions have been considered, therefore, this Court would be required to consider other aspects of the matter by taking up cases for hearing on individual basis.

Heard the learned counsel for the parties and perused the record.

The Apex Court in Civil Appeal No.10207/2016 alongwith other connected appeals arising out of Delhi High Court order where similar issue is involved, has remitted the matters to the High Court to decide the original writ petitions afresh in the light of the Indore Development Authority(surpa).

On perusal of the orders impugned in various cases, it is seen that the learned Single Judge has not touched the other aspects of the matter except Section 24(2) of the Act of 2013. This being a writ appeal, the issues which have not been considered by the learned Single Judge, cannot be decided by the Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM 13 Division Bench. Therefore, as per the Apex Court judgment, the matters have been remanded back to the High Court to decide the original writ petitions afresh in accordance with law.

In view of the aforesaid, the orders impugned passed by the learned Single Judge in respective cases are hereby set-aside. The matters are remanded back to the learned Single to decide the writ petitions afresh, in accordance with law and on their own merits and in the light of the observations made by the Constitution Bench of the Apex Court in the case of Indore Development Authority(supra). All the contentions and defences which may be available to the respective parties are kept open to be considered by the learned Single Judge, in accordance with law. The learned Single Judge is requested to decide and dispose of the writ petitions as expeditiously as possible, preferably within a period of 12 months from January 2023, as directed by the Apex Court.

With these observations, these appeals are finally disposed off.

A copy of this order be kept in the record of all other connected writ appeals. (S. A. DHARMADHIKARI) JUDGE (PRANAY VERMA) JUDGE Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 8/5/2023 10:56:41 AM