SHANTI MAHAWAR Vs. STATE OF C.G.

JUDGEMENT

(1.) The present appeal has been filed against the judgment/award dtd. 27/10/2018 (Annexure A/1) passed by the Fourth Additional District Judge, Raipur in Land Acquisition Case No.30/2012.

(2.) Brief facts of the case are that an award was passed under the Land Acquisition Act, 1894 (hereinafter referred to as Act, 1894) in an acquisition proceeding bearing Land Acquisition Case No.32-A/82 Year 2005-2006, whereby at village Tulsi the lands were acquired and an award was passed on 19/03/2007. The appellant being aggrieved by such grant of award made an application under Sec. 18 of Act, 1894 for reference. The reference was received by the Court of District Judge, which was registered as Land Acquisition Case No.30/2012 and was decided on 27/10/2018. The appellant having not satisfied with the finding has filed this appeal.

(3.) For construction of Jora-Saddu-Dhaneli Road (Bypass No.3), the Executive Engineer, P.W.D., Division No.1, Raipur by letter dtd. 04/07/2006 gave a proposal for acquisition of land situated at village Tulsi, P.H. No.111, R.I. Circle Raipur, Tehsil Raipur for total area of 13.951 hectare. The proposal having been received, emergency provision was invoked under Sec. 17 and land acquisition proceedings were commenced. The notification under Sec. 4 (1) and 17 (1) of the Act, 1894 was published on 16/11/2006 which was published in two daily newspapers and further Gazette notification was published on 10/11/2006. Despite the notification, no objection was received from the land owners. Eventually the notification under Sec. 6 of the Act, 1894 was issued on 28/11/2006. The said notification too was published in two daily newspapers circulating in the locality on 07/01/2007 and 12/01/2007 and notification for acquisition was eventually published on 12/01/2007.