First Appeal No. 159/1999. Case: Manendra Prasad and Ors. Vs The Land Acquisition Officer and Ors.. High Court of Madhya Pradesh (India)
| Case Number | First Appeal No. 159/1999 |
| Counsel | For Appellant: V.S. Choudhary, Advocate and For Respondents: Amod Gupta, Panel Lawyer |
| Judges | Jagdish Prasad Gupta, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Section 96; Land Acquisition Act, 1894 - Sections 18, 23, 28A, 4(1), 54 |
| Judgement Date | February 02, 2017 |
| Court | High Court of Madhya Pradesh (India) |
Judgment:
Jagdish Prasad Gupta, J.
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This appeal under section 54 of the Land Acquisition Act, 1894 read with section 96 of the Code of Civil Procedure has been filed against the judgment dated 27.11.1998 passed by the 1st Additional District Judge, Satna (MP), in MJC No. 102/1994, arising out of Reference Application filed under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against the award dated 15.5.1992 passed by the Land Acquisition Officer, Satna, in Revenue Case No. 5/91-92.
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In brief, the relevant facts of the case are that, the agricultural lands bearing survey Nos. 11/2 area 1.152 acre, 16 area 0.798 acre, 20 area 3.553 acre, 21 area 0.729 acre, 22 area 0.032 acre, 23 area 0.223 acre and 24 area 0. 170 acre, total area 6.657 hectare, situated in village Rampur, Tahsil Rampur Baghelan, District Satna, were of the ownership of the appellant and the respondents No. 2 to 4 and which were acquired for the construction of Tons Hydel Project, Sirmour, District Rewa for the Madhya Pradesh Electricity Board by the respondent No. 1. With regard to the acquisition of the aforesaid lands, a notification was published in official gazette dated 9.1.1992 under section 4(1) of the Land Acquisition Act. The land acquisition officer passed the award on 15.5.1992, whereby total value of the land was determined at Rs. 3,03,025.64 and the value of the house situated on the acquired land was determined Rs. 22,569.84 with other statutory benefits and thus, total compensation was determined Rs. 4,36,656.09. The appellant No. 1 and the respondents No. 2 to 4 submitted an application under Section 18 of the Land Acquisition Act to the land acquisition officer which was referred to the District court, Satna, whereby they claimed that the market value of the land fixed by the land acquisition officer is very meager. It should be Rs. 30000 to 40000/- per acre. They also claimed that the entire acquired land was irrigated and yearly two crops were taken. Further they claimed that on the acquired land, a house having 15 rooms was situated and one Kachcha house was also situated but no adequate compensation has been given. They also claimed that there were two well on the acquired land and on the land bearing survey No. 22, there was a medh. Apart from it, on the survey No. 20, there were 60 mangoes trees but the compensation has been given only for 27 trees which is also very low. Therefore, value of the house be determined Rs. 3 lacs and value of the well be determined Rs. 33000/- and value of the medh be determined Rs. 15000/- and the value of the Kachcha house be determined Rs. 28000/- and value of the tress be determined Rs. 3 lacs. Thereafter, with other statutory benefits, award be passed.
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On behalf of the respondents No. 1 and 5, it has been stated that as per the market rate, value of the acquired land has been determined and the value of the house is...
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