STATE OF MADHYA PRADESH Vs. UNKAR

JUDGEMENT

(1.) Appellants/State have filed the present appeal u/s. 54 of the Land Acquisition Act being aggrieved by the order dated 16.8.2016 passed by Addl. District Judge, Sardarpur, District Dhar in Land Acquisition Case No. 11-07/2015 by which the compensation @ Rs.10,50,000/- per Hect. of land has been assessed for irrigated land belonging to the respondent bearing Survey No.237/2 and 280/4 total area 0.231 Hect.

(2.) State of Madhya Pradesh initiated the proceedings for land acquisition for construction of "Daulatpura Reservoir". Notification u/s. 4(1) of the Land Acquisition Act was published in the Official Gazette on 9.1.2009 for acquisition of aforesaid land of the respondent which is coming under the submergence of Daulatpura Reservoir. The Land Acquisition Officer has passed the award dated 8.3.2010 assessing the compensation @ Rs.1,48,315/- per Hect. for un-irrigated land Rs.2,68,869/- per Hect. for irrigated land. The respondent/land owner being dissatisfied with the award sought a reference u/s. 18 of the Land Acquisition Act. The reference was referred to the District Judge for adjudication and the same was registered as Land Acquisition Case No.11-07/2015.

(3.) The respondent appeared before the Addl. District Judge and examined himself as P.W.1. The Sub Divisional Officer also appeared and examined himself as D.W.1. According to the respondent, his land came into the submergence of Daulatpura Reservoir and before it, he was using the same as agricultural land and was earning his livelihood. The land in question is situated 7 Kms. from Indore- Ahmedabad National Highway. The nearby lands have been developed and, therefore, the market value of the land has been enhanced. There is a connectivity with the schools, bank and commercial area, therefore, he ought to have been paid the compensation @ Rs.30,00,000/- per Hect. In support of his claim, he has produced copy of the award dated 8.3.2010; copy of sale-deeds (Ex. P/2 and P/3); and copy of Collector- guidelines for the year 2002-03 (Ex. P/4) in respect of valuation of tree, tube-well, house, etc. The respondent also produced the copy of award passed by Addl. District Judge, Sardarpur, District Dhar dated 4.5.2016 passed in Land Acquisition Case No.29/2015 (Jassibai, Tarabai V/s. State of M.P.) as Ex. P/5, in which, the land was acquired for the same Reservoir and compensation @ Rs.7,00,000/- per Hect. was assessed for un- irrigated land.