ASHOK Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment shall also govern disposal of First Appeal No. 1/1978 [State of Madhya Pradesh v. Ramswaroop (dead) through L.Rs. Ashok and another] and First Appeal No. 2/1978 (Stale of Madhya Pradesh v. Bhagwati Prasad Singhal).

(2.) BRIEF facts learning to these appeals are: A Notification under section 4(1) of the Land Acquisition Act, 1894. (for short, the 'Act') was published on 15 -7 -1960 at part I of the M.P. Rajpatra for acquisition of land bearing Survey Nos. 5, 7, 25, 26, 27, 28, 29, 30, 31, 32, 35, 38, 43, 138 and 140, total area 57 Bigha 5 Biswa, situated in village Kota -har, within the limits of Municipal Corporation, Gwalior for establishing Krishi Upaj Mandi The persons interested, i.e., the owners of the land, Ramswaroop Singhal and Bhagwati Prasad Singhal, who are brothers, filed their objections for award of compensation for the land. Besides these two brothers, Balkrishna Sharma and one Karnail Singh also filed their claim for compensation for the land situated at S.No. 30, area 6 Bigha 16 Biswa, as tenants in possession Dissatisfied with the award of the Land Acquisition Officer, all the persons/claimants applied for a reference under station 18 of the Act for enhancement of the compensation. The Additional District Judge Gwalior, disposed of all the cases, namely I.A. Case Nos.20/1968, 7/1967 and 8/1967, by a common award passed in I.A. Case No. 20/1968, whereby the claim of Balkrishna Sharma and Karnail Singh was dismissed holding them to be not entitled to any compensation, as the land belonged to Ramswaroop and Bhagwati Prasad. Bhagwati Prasad was awarded 1/3rd share of compensation and Ramswaroop was awarded 2/3rd, as the Court held that Gyasobai, the mother of Ramswaroop and Bhagwati Prasad, transferred her 1/3rd share in the land by a will in favour of Ramswaroop, which was probated by the competent Court on 27 -4 -1965. Market value was determined at the rate of Rs 1,000/ - per Bigha instead of Rs. 500/ - per Bigha, as awarded by the Land Acquisition Officer; 15% solatium and interest at the rate of 6% per annum was also awarded. Aggrieved of this award of enhancement, the State of Madhya Pradesh filed two separate appeals, being F.A. No. 1/1978 against Ramswaroop, who died during the pendency of the appeal and his legal representative were brought on record, and F.A. No. 2/1978 against Bhagwati Prasad. Bhagwati Prasad, after receipt of notice filed cross -objections under O.41, R.22, CPC, claiming one half share of compensation for his one half share in the land, instead of 1/3rd share, as awarded by the Additional District Judge. In the cross -objections, enhancement of market value and the solatium at the rate of 15% and also interest was also claimed. In this appeal Ramswaroop claimed compensation of his Share of land at the rate of Rs. 4/ - per square yard. Bhagwati Prasad filed an application (I.A. No.1) on 5 -1 -1979 and another application (I.A. No. II) on 4 -11 -1988, both under O.1, R.17 read with O.41, Rr.22, 27 and S.161 CPC, for impleading him as a party, claiming one -half share of compensation for the total land acquired. These applications were opposed by the appellant.

(3.) BEFORE we deal with the various contentions raised, it is worthwhile to mention here that Bhagwati Prasad abandoned his claim for claim in share of the land and compensation thereon in relation to the land situated at S. Nos. 26, 35, 38, 39, 43 and 138, area 23 Bigha 4 Biswa, but for the rest of the land he pressed his claim and interest in half of the compensation.