RAMNARAIN DAMODRILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal arises out of a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) decided by the 2nd Additional District Judge, Bhopal, on 6-2-1958.

(2.) THE Municipal Board, Bhopal, found it necessary to widen a road situate in Sarafa Bazar, Bhopal town, and requested the Collector, Bhopal, to acquire 54 sq. ft of land belonging to the appellant and 9sq. ft. of land belonging to one Iqbal Hussain. Notifications under sections 4 and 6 of the Act were issued in 1954 and the parties filed their claims before the Land Acquisition Officer. The appellant claimed Rs. 12,000/- for his 54 sq. ft. bf land and Iqbal Hussain claimed Rs. 13040/- for his 9 sq. ft. The Collector gave his award on 25-6- 1955 fixing Rs. 350/- and Rs. 26/- as compensation payable to them. Both of. them requested the Collector to make a reference to the 'court and this was done by the Collector. Before the Court, the appellant claimed Rs. 8640/- only on the basis of the fact that he was getting Rs. 36/- per month as rent from the acquired property. We need not refer to the claim of Jqbal Hussain, as he has not come up in appeal.

(3.) SHRI S. C. Dube for the appellant points out that on 18-8-1954 the Director of Land Records, Bhopal, who was also the Land Acquisition Officer, wrote to the Municipal Board that Rs. 17,000/- would be needed for acquisition of the two pieces of lands. He also indicated that the award would be announced after the approval of the Chief Secretary. He then wrote a letter on 9-10-1954 to the Government asking for the approval of the Chief Secretary as required by Rule 73 of the Bhopal Land Acquisition Rules On 24-10-1954 he was informed by the Government that the proposed compensation was excessive and the Chief Secretary desired that the valuation be worked out by the Public Works Department. Accordingly, the Land Acquisition Officer requested the P. W. D. to do the needful. The award was finally pronounced in accordance with the report of the P. W. D.