UNION OF INDIA Vs. MOHAR SINGH

JUDGEMENT

(1.) THE decision in this appeal shall govern the disposal of other connected appeals being F.A. Nos. 284, 285, 286, 287, 298, 290, 291, 294, 295 and 297 of 2000, as all these appeals involve common questions of law and facts and secondly they arise out of one acquisition proceedings. Large area of land measuring 4827.63 hectares or so situated in as many as 21 villages of Mhow tehsil was acquired somewhere in 1986 -87 by State by invoking the provisions of Section 4 and 6 of Land Acquisition Act for defence purpose - two firing ranges of Bercha and Hema. Large number of land owners having their pieces of land were affected as they were deprived of their possession as also the rights of ownerships.

(2.) THIS led to determination of their cases for payment of their lawful compensation under the provisions of Land Acquisition Act by the Land Acquisition Officer (LAO). By several awards but based on common factors, the LAO determined the compensation payable to each land owner. This led to making of reference by the land owners under Section 18 of Land Acquisition Act to the Civil Court (Reference Court). By several awards passed on different dates but again based on common factors, the learned reference Court (Additional District Judge, Mhow) enhanced the compensation payable to land owners.

(3.) LAND measuring 4827.63 hectares or so situate in as many as 21 villages of Mhow Tehsil was acquired for two firing ranges of Bercha and Hema sometime in 1996. LAO determined compensation for this awarding Rs. 52,500/ - per hectare for irrigated land, Rs. 35,000/ - for unirrigated and Rs. 30,000/ - for uncultivated land in Bercha range and Rs. 67,500/ -, Rs. 45,000/ - and Rs. 40,000/ - per hectare in the same order in Hema range. Land holders felt dissatisfied with this and in their reference, District Court enhanced the compensation to Rs. 88,000/ - p.h. (irrigated), Rs. 58,000/ - (unirrigated and uncultivated) in Bercha range and Rs. 88,000/ - p.h. (irrigated) and Rs. 58,000/ - (unirrigated) and. Rs. 40,000/ - for cultivated land in Hema range. Award passed by the District Court is the bone of contention in these appeals filed by both sides. Union of India has attacked the award on many grounds including that it suffered from want of basis in as much as comparable sale deeds were not proved by the executants and that interest was wrongly awarded from the date of taking over of possession of the land.