ASHOK KUMAR ARORA Vs. EXECUTIVE ENGINEER, KELO PROJECT

JUDGEMENT

(1.) The instant appeal under Sec. 54 of the Land Acquisition Act, 1884 (hereinafter referred to as 'Special Act') is filed by appellant against the judgment dtd. 6/10/2017 passed by the First Additional District Judge, Raigarh, Chhattisgarh in Misc. Civil Suit No.71 of 2010 whereby the suit filed by the appellant was dismissed. The said judgment is being referred to as 'judgment in question".

(2.) Appellant- Ashok Kumar Arora preferred a reference under Sec. 18 of the Special Act before the First Additional District Judge, Raigarh, Chhattisgarh challenging the part of award dtd. 30/9/2009 passed by the Land Acquisition Officer and Sub-Divisional Officer (Revenue), Raigarh, Chhattisgarh in Land Acquisition Case No.05/A-82/2006-07, by which, he had challenged the compensation amount fixed for land acquisition. The said order passed by Land Acquisition Officer and Sub-Divisional Officer, Raigarh is being referred to as 'award".

(3.) According to the said award, land of appellant Ashok Kumar Arora was situated at Village Bhagwanpur, Patwari Halka No.14, Revenue Division Bhagwanpur, Tehsil and District Raigarh, Chhattisgarh bearing Khasra No.63/5, area 0.135 hectare. The said land was acquired for construction of main canal of Kelo Project. The compensation was fixed at Rs.1,37,025.00 (Rupees One Lac Thirty Seven Thousand Twenty Five), upon which, 30% compensation amount (solatium) and interest amount was fixed. The said land is being referred to as 'suit land".