MADHYA PRADESH HOUSING BOARD Vs. BRAJ BIHARI AGARWAL

JUDGEMENT

(1.) ALL the aforesaid appeals having common question are being disposed of by the common order. <FRM>JUDGEMENT_100_TLCHH0_2013.htm</FRM>

(2.) IN aforesaid appeals, the 2nd Additional District Judge, Raipur has passed the award impugned. Land Acquisition Officer has assessed the cost of land and has awarded the compensation at the rate of Rs. 86,000/- per acre. By enhancing the rate, Court below has awarded the compensation at the rate of Rs. 6/- per sq. feet i.e. about Rs. 2,61,360/- per acre thereby increased the amount of award by 3 times.

(3.) AT the outset learned counsel for the appellant submits that land has been acquired at the instance of local body i.e. present appellant, Madhya Pradesh Housing Board, for public purpose i.e. for constructing the Colony. Present appellant is require to pay / satisfy the award. Reference made under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act'). Learned counsel further submits that as per sub-section (2) of Section 50 of the Act, reference Court was required to hear and provide opportunity for adducing evidence before passing the award especially when it has been substantially enhanced.