STATE OF C.G Vs. DAU NIRANJANLAL GUPTA

JUDGEMENT

(1.) THE aforesaid appeals are being disposed of by this common judgment, as both the appeals are directed against the order dated 9th May, 2008 passed in MJC No. 4/06 whereby learned 9th Additional District Judge (FTC) Durg has passed an award under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act') in favour of the original applicant/Plaintiff for a sum of Rs. 1,39,93,792.92/- and has further allowed simple interest @ 9% per annum from 26-8-99 if the award is satisfied within a period of one year, failing which interest @ 15% per annum from 26-8-99 till realization has been ordered.

(2.) HEREINAFTER the parties shall be referred to as per their description before the Court below. Briefly stated, case of the Plaintiff is that the Plaintiff and his predecessors were owners and possession holders of land bearing Survey No. 967,971,975,990/19 and 995/1, total area 10.50 acres in village Kasaridih, Tehsil and District Durg. The aforesaid property was vested in the State Government after coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (for short 'the Act, 1950'). The Plaintiff and other owners of the property filed a civil suit against vesting of their land and the same was decreed by the trial Court. The decree was reversed by the first appellate Court. The Plaintiff filed a second appeal and the same was allowed by the High Court. Special Leave Petition preferred by the State Government against the order of the High Court was further dismissed by the Hon'ble Supreme Court vide order dated 22-9-1986. The property in question was partitioned and the Plaintiff got 3.62 acres of land in mutual partition. Defendant No. 2 constructed 82 houses on the Plaintiffs land and sold the same to various persons. After the suit of the Plaintiff was finally decreed, the Plaintiff being the owner of the land, demanded vacant possession of the land or payment of due compensation.

(3.) THE Defendant/State in its written statement denied that the Plaintiff was entitled for compensation of Rs. 3,52,82,121/- as claimed. It was averred that a total area of 97.66 acres including the disputed land of the Plaintiff was transferred to the Housing Board (for short 'the Board'). A total compensation of Rs. 44,92,287/- was estimated @ Rs. 45,999/- per acre and accordingly, the Plaintiff was entitled for compensation of Rs. 1,29,257/-. THE Plaintiff was entitled for solatium @ 30% and interest @ 9% per annum from 4-1-1975 to 3-9-99 and thus, he was entitled for total compensation of Rs. 6,57,918/-. THE Plaintiff was entitled to receive the compensation as per prevailing rate in the year 1974 and he was not entitled for compensation at the prevailing rate on the date of notification under Section 4 of the Act, as land acquisition proceedings were commenced only in compliance of the order of the High Court.