MAN DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the five first appeals are preferred against the same award/decree/judgment, they are heard analogously and are being disposed of by this common judgment.

(2.) These five first appeals are preferred under Sec. 54 of the Land Acquisition Act, 1894 (for short "the Act, 1894") read with Sec. 96 of the Code of Civil Procedure, 1908 arises out of common judgment dtd. 13/5/2005 passed by Third Additional District Judge, Raipur (C.G.)/Reference Court in Land Acquisition Case No. 115/2002, 116/2002, 117/2002, 118/2002 & 119/2002. The Land Acquisition Officer passed award on 10/5/1995 in favour of appellant- Smt. Man Bai Kothari to the tune of Rs.60,290.00 for land area 1.972 Hectare, awarded Rs.2,28,970.00 to appellant- Inderchand for land area 5.091 Hectare, awarded Rs.1,43,618.00 to appellant- Panna Bai Kothari for land area 6.649 Hectare, awarded Rs.1,94,875.00 to appellant- Smt. Sushila Bai for land 6.087 Hectare and awarded Rs.1,81,252.00 to appellant- Smt. Paras Parakh for land area 4.030 Hectare, situated at Village- Tildabandha and the same was acquired by the State Government for construction of canal.

(3.) Notification under Sec. 4 (1) of the Act, 1894 was published on 14/8/1992 and it was published as per Sec. 6 of the Act, 1894 on 20/5/1993. A reference was made before the Reference Court which opined that valuation of the land should be done as per market value of the land on the date of notification and modified the award and awarded compensation to the tune of Rs.1,27,710.00 to appellant- Smt. Manbai, Rs.3,27,686.00 to appellant- Inderchand, Rs.3,93,660.00 to appellant- Sushila Bai, Rs.4,32,201.00 to appellant- Pannabai and Rs.2,59,386.00 to appellant- Paras Parakh.