STATE OF CHHATTISGARH Vs. KEISHMAT (DIED) THROUGH LRS

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 20.03.2004 passed by Second Additional District Judge (FTC), Jashpur (C.G.) in MJC No. 07/2003, wherein the said court acting upon the reference made by the Collector, Raigarh (C.G.), revised the compensation to be paid to the respondents to the tune of Rs. 2,28,900/- along with interest @ 12% from year 1986 per annum.

(2.) As per the appellant, the land bearing Survey No. 414/4 area admeasuring 0.648 Hectare and Survey No. 407/2 area admeasuring 0.061 Hectare (Total 0.709 Hectare) situated at Patwari Halka No. 54, (Revenue Circle- Jashpur) Village- Jurgum, Tahsil- Jashpur, District-Raigarh, was acquired for construction of high level water tank by Public Health Engineering Department. After complying Sections 4 & 6 of the Land Acquisition Act, 1894 (for short "the Act, 1894"), personal notice was given to the persons whose land was acquired as per Sections 9(1), (2) & (3) of the Act, 1894. An award was passed by the Collector Land Acquisition on 02.06.1986 by which compensation was fixed to the tune of Rs. 9124.83 Np, 12% interest was awarded as per Section 23(1)(a) and 30% additional amount was awarded as per Section 23(2) of the Act, 1894. The matter was referred to the court below as per Section 18(1) of the Act, 1894. The said court concluded that the land was of a residential nature, thus, the prevailing rate of residential area at the time in the vicinity of the land sought to be acquired was Rs. 3/- per sq.ft.

(3.) Learned counsel for the State/ appellant submits as under:-