PRITHVI RAJ TANEJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal on certificate by Prithvi Raj Taneja (now deceased and represented by his legal representatives) against the judgment of the Madhya Pradesh High Court whereby the High Court partially accepted the appeal filed by the appellant regarding the quantum of compensation for the acquisition of land.

(2.) A plot of land measuring 27 bighas and 17 biswas situated in Ashok Nagar, district Guna belonging to the appellant was acquired for the construction of a police station and residential quarters for policemen. A bigha, it is stated, is equivalent to 2,500 square yards. The land sought to be acquired measured 68,658 square yards. Notification under S. 4 of the Land Acquisition Act for the acquisition of the land was issued on April 7, 1961. The Land Acquisition Officer as per award dated June 13, 1961 awarded compensation for the land at the rate of R. 100 per bigha. In addition to that, he awarded a sum of Rs. 1,175 for large trees and Rupees 1,880 for small trees standing on the land. The appellant was also awarded Rs. 1,000 as compensation for a well which had been sunk in the land, and Rs. 800 for a house standing on the land. In all, the appellant was awarded a sum of Rupees 7,616 including solatium at the rate of fifteen per cent by the Land Acquisition Officer.

(3.) The appellant wanted compensation for the land at the rate of Rs. 10 per square yard. He accordingly had the matter referred to the District Judge. Learned Additional District Judge determined the market value of the land in question to be Rs. 900 per bigha. Regarding the well, the Additional District Judge awarded compensation of Rs. 3,000 as against the amount of Rs. 1,000 which had been awarded by the Land Acquisition Officer. In other respects, the award of the Land Acquisition Officer was upheld. Computing solatium at the rate of 10 per cent, the total amount awarded by District Judge to the appellant was Rs. 32,285 besides interest at the rate of six per cent per annum.