STATE OF M P Vs. SHRI GAJANAND

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of FA. Nos. 118/03 to 143/03 & 162/ 03 to 169/03, as in all the appeals question involved is one and the same.

(2.) BEING aggrieved by the award dated 02/12/02 passed by District Judge, Dhar, whereby application filed by respondent for enhancement of award was allowed and compensation was enhanced; present appeal has been filed and some of the appeals have also been filed by the land owners.

(3.) LEARNED counsel for respondents submit that value of land determined by the learned Court below is in accordance with law, as Ex.P/1 is the sale deed prior to the date of acquisition. It is submitted that it is wrong to say that the land acquired is bigger in area. It is submitted that the learned Court below committed error in deducting 40% from the value of land. It is submitted that since the land was not acquired for development of residential colony, wherein 40% of the land goes for the development of area such as road, parks and other amenities. LEARNED counsel submits that the land under acquisition has to be utilized 100% as the same is for construction of Dam, therefore, deduction is illegal. It is submitted that appeals filed by the appellant be dismissed and the appeals filed by the respondent/land owners be allowed and the direction for deduction of 40% be set aside.