KAMRUL ISAM ALVI Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Appellants land admeasuring 3.10 acres situated at village Pehantala, Tehsil and District Hoshangabad falling in survey No. 15, was acquired for construction of Bagda Branch Canal. A notification was issued under Section 4 of the Land Acquisition Act, 1894 (for short the Act) on 9.11.1973. The Land Acquisition Officer passed an award dated 21.2.1975 determining the amount of compensation payable to the appellant. He assessed the compensation at Rs. 6,523.95. The said compensation was accepted by the appellant under protest and reference was sought to be made to the Reference Court by filing an application under Section 18 of the Act.

(3.) Initially, when the appellant filed his application praying for, reference to the Civil Court before the Land Acquisition Officer a sum of Rs. 25,000/- was claimed on account of water reservoir and sluice gate constructed thereon, which was in addition to a claim of compensation of Rs. 15,500/- in respect of the acquired land. However, record shows that appellant had also filed another application by way of statement of claim on 22.3.78 before the Land Acquisition Officer, Hoshangabad, praying therein that compensation for water reservoir and sluice gate installed thereon should be payable at Rs.6,46,579.95.