MADHYA PRADESH HOUSING BOARD Vs. RAMKRISHNA

JUDGEMENT

(1.) This appeal under section 54 of the Land Acquisition Act, 1894 (for short, 'the Act') is at the instance of the Madhya Pradesh Housing Board through its Executive Engineer, Khandwa (for short, 'the Housing Board') challenging the legality, validity and propriety of the impugned order dated 26/09/2012 passed in case No.245/2011 by First Additional District Judge Khandwa, East Nimad. Reference under section 18 of the Act (since repealed) is allowed enhancing the amount of compensation in respect of 2.51 hectare of land falling in survey No.246 situated at village Malipur Tahsil Khandwa, District East Niwar from Rs.1,44,553/- to Rs.8,17,778/- (deducted 25% towards development charges) thereby fixed the same as Rs.6,13,334/- per acre with 30% solatium and payment of difference amount from the date of notification under section 4 of the Act till the date of award together with interest at the rate of 12% per annum. Total compensation worked out as Rs.56,01,682/- reduced by Rs.14,82,456/- already received by the respondents No.1 and 2 and they are held entitled for Rs.41,19,226/-.

(2.) Brief facts relevant for the purpose of this appeal are to the effect that: the Housing Board for plotting and construction of residential colony had acquired various parcels of land including 2.51 hectares of land falling in survey No.246 situated in village Malipur Tahsil Khandwa, District East Niwar (for short, 'the suit land') from its owners. Notification under section 4 of the Act was issued on 1611/2001; followed by section 6 notification on 15/11/2002. The award was proposed on 07/10/2004 by the Land Acquisition Officer, Khandwa (exhibit P/8). The amount of compensation was calculated at the rate of Rs.8,17,778/- per acre based on the valuation submitted by Tehsildar, Khandwah who worked out the same on the basis of sale price of land during the previous one year in village Matipura District Khandwa. However, the said award was not approved. The Sub Divisional Officer had inquired about the justification of the price arrived at the rate of Rs.8,17,778/- per acre on 25/10/2004 (exhibit P/27). The Land Acquisition Officer replied and justified the said rate arrived at on 26/102/004 (exhibit P/28). However, the Sub Divisional Officer proposed the award dated 26/10/2004 at the rate of Rs.1,44,532/- per acre (exhibit P/10) and the same was approved by the Collector on 27/04/2004 and the Commissioner on 29/10/2004. Thereafter, final award was passed on 30/10/2004 working out the amount of compensation.

(3.) The reference Court framed the following issues: