SATYANARAYANA Vs. BHU ARJAN ADHIKARI

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against judgment dated 16.6.2008 of the Division Bench of the Madhya Pradesh High Court whereby the appeals filed by the Appellants under Section 54 of the Land Acquisition Act, 1894 (for short "the Act") were dismissed and those filed by Respondent No. 2-Ujjain Development Authority (for short "'the UDA") were partly allowed and market value of acquired land fixed by IV Additional District Judge, Ujjain, (hereinafter described as the "Reference Court") was reduced from 2,35,357 to 1,56,905 per hectare.

(3.) In exercise of the power vested in it under Section 4 of the Act, the Government of Madhya Pradesh proposed the acquisition of 27.285 hectares land situated at village Nanakhedi, District Ujjan for Scheme No. 23 of the UDA. After publication of the declaration issued under Section 6 and complying with Section 9, the Land Acquisition Officer passed award dated 22.7.1988 whereby he fixed market value of the acquired land at the rate of 1,56,905 per hectare. On a reference made by the Collector under Section 18 of the Act, the Reference Court considered the evidence produced by the parties and held that the Appellants are entitled to higher compensation because the acquired land was irrigated land. The Reference Court directed the Respondents to pay compensation at the rate of 2,35,357 per hectare.