UNION OF INDIA Vs. RANCHOD

JUDGEMENT

(1.) Leave granted in special leave petitions.

(2.) These appeals, by special leave, have been preferred against the judgment and decree dated 1.9.1999 of Madhya Pradesh High Court by which the appeals filed by the landholders and also by the Union of India were dismissed.

(3.) The Government of India issued notifications under Sections 4(1) and 6(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') for acquisition of large area of land (4827.63 hectares) situate in various villages in Tehsil Mhow, District Indore for establishing two firing ranges, namely, Bercha and Hema for the artillery wing of the army. An area of 2917.160 hectares was acquired for Bercha Firing Range and 1910.464 hectares for Hema Firing Range. After receipt of notice under Section 9 of the Act, the landholders submitted objections. The Collector, Indore, after considering the objections of the landholders and making relevant inquiry, gave an Award regarding the compensation which was to be paid to the landholders. The landholders being dissatisfied with the Award of the Collector asked for a reference to be made to the court in accordance with Section 18 of the Act. The reference court after taking into consideration the evidence adduced by the parties gave an Award. It awarded compensation @ Rs.58,000 per hectare for unirrigated and uncultivable land and Rs.88,000 per hectare for irrigated land in Bercha Firing Range. With regard to Hema Firing Range compensation was awarded @ Rs.40,000 per hectare for uncultivable land, Rs.58,000 per hectare for unirrigated land and Rs.88,000 per hectare for irrigated land. The landholders and also the Union of India preferred appeals against the Award of the reference court before the High Court. The High Court decided all the appeals by a common order, which is the subject-matter of challenge in the present appeals. The High Court passed a short order and the relevant part of the judgment dealing with the controversy is reproduced below: -