STATE OF MADHYA PRADESH Vs. KASHIRAM

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals relate to acquisition of lands in six villages namely, Dakachya, Peerkaradia, Raukhedi, Budhi Barlai, Arjun Badoda and Alipur, for the purpose of the Indore Dewas Four Lane Road. Acquisition proceedings were initiated under preliminary notification dated 16.6.1989 followed by other notifications dated 25.6.1989, 2.12.1989 and 22.12.1989 in respect of an area of 47.647 hectares.

(3.) THE High Court held that the acquired lands though situated in six villages, were contiguous to each other and were all in one area of Indore District; that the acquisitions were all for the same public purpose; and that therefore the same rate of compensation ought to be awarded for all the acquired lands. THE High Court determined the market value in regard to all acquired lands in six villages with reference to a sale deed dated 9.3.1989 (marked as Ex. P2 = D1) relating to 1506 sq.ft. of land for Rs.10,000/- in the village Budhi Barlai. THE High Court worked out the rate per acre from the said sale deed as Rs.7,14,285/- per hectare. THE High Court made a deduction of Rs.1,14,285/- per hectare as the plot sold was a small bit and arrived at the lump sum figure of Rupees Six Lakhs per hectare as the market value.