STATE OF M P Vs. KAMLESH KUMAR

JUDGEMENT

(1.) Both these appeal are filed against the order dated 23.12.1999 passed by District Judge, Dewas in land acquisition case no.5/98, whereby reference Court enhanced the amount of compensation from Rs. 7,23,369/- to Rs. 70,69,887/-. The reference Court after deducting the amount awarded by the land acquisition officer directed to pay a sum of Rs. 63,46,518/- as compensation to the land owner. The reference Court also awarded interest @ of 9% per annum under Section 34 of the Land Acquisition Act, 1894 for the period of 1.10.1997 to 30.9.1998 amounting to Rs. 2,79,000/- as per sub para 2 of para 21 of the impugned order. The facts of these two appeals are identical. For the sake of convenience, the facts are being taken from First Appeal No. 95/2000.

(2.) Respondent's land measuring 23887 Sq.ft (0.222 hectares) in survey no. 391 at village Lohar Pipliya, Tehsil and District Dewas, was acquired pursuance to the preliminary notification published on 16.12.1994.

(3.) The land acquisition officer had granted compensation @ of 7.81 per Sq. ft and awarded Rs. 4,77,389/- towards site development, loss of profit and shifting expenses of business to other place. Thus, the total amount of Rs. 7,23,369/- was awarded by the land acquisition officer by its award dated 4.10.1997 passed in reference case no. 4/A-82/94-95 under Section 11 of the Land Acquisition Act, 1894 (herein after referred to as "the Act") The reference Court on appeal enhanced the amount of compensation from Rs. 7,23,369/- to Rs. 70,69,887/- with interest as per para 21 of the impugned order. The compensation of land was calculated @ of Rs. 150/- per Sq. ft.