MUNICIPAL COUNCIL, DIGRAS Vs. SATISCHANDRA RIKHABCHANDRA MEHTA

JUDGEMENT

(1.) These appeals are filed by the acquiring body i.e. Municipal Council and the land owners-claimants challenging common judgment and order dated 28.04.2006 passed by the Court of Civil Judge, Senior Division, Darwha (Reference Court), whereby the Reference Court has granted enhanced compensation to the claimants for acquisition of their lands situated in Digras town. There were two cases decided by the common judgment, Land Acquisition Case No. 2186/2004, wherein land of claimant Satishchandra Mehta is involved and Land Acquisition Case No.2185/2004 wherein land of claimant Manikchand Bhandari is involved. First Appeal No. 736 of 2006 is filed by the Municipal Council Digras while First Appeal No.798 of 2006 is filed by the claimant Satishchandra Mehta. First Appeal No.667 of 2006 is an appeal filed by the Municipal Council, Digras, while First Appeal No.431 of 2007 is filed by the claimant Manikchand Bhandari. Since all these appeals arise out of the acquisition proceedings initiated in pursuance of the notification dated 17.01.1989 issued under Section 4 of the Land Acquisition Act, 1894, they are taken up for hearing and disposal together.

(2.) The claimants, who were related to each other, had purchased portions of land from Plot No.56, Nazul Sheet No.10 in Digras town, the total area of the plot of land purchased by them came to 33468 sq.ft. By Notification dated 17.01.1989 issued under Section 4 of the aforesaid Act, initially an acquisition of 33356 sq.ft. of land was sought from the said plot, but, later by notice dated 25.01.1991, the respondent Sub Divisional Officer, Darwha informed the State that only 24748 sq. ft. of land was required for acquisition. The said acquisition was undertaken for construction and development of sweepers colony.

(3.) Upon completion of the acquisition proceedings, the Land Acquisition Officer pronounced award dated 12.03.1991, holding that the claimants herein were entitled to compensation at the rate of Rs.3.42 per sq.ft. for the aforesaid area of land i.e.24748 sq.ft. Aggrieved by the same, the claimants filed application under Section 18 of the aforesaid Act. The said proceedings before the Reference Court were disposed of, but, the appellant acquiring body i.e. Municipal Council, Darwha, was not made a party to the same and, therefore, it challenged the order of the Reference Court by filing First Appeal No. 537 of 2004. The said appeal was allowed by this Court and the proceedings were remanded to the Reference Court with a direction that the appellant- acquiring body shall be made a party to the proceedings and that the reference application would be decided afresh.