JABALPUR DEVELOPMENT AUTHORITY, JABALPUR Vs. RAMESH PRASAD YADAV

JUDGEMENT

(1.) JABALPUR Development Authority (for short JDA) has challenged the award dated November 6, 2001, passed by the IXth Additional District Judge, Jabalpur, in Land Acquisition case No. 51/95, modifying the value of land announced by the Town Improvement Trust (for short 'TIT') from Rs. 6595.80 paisa per acre to Rs. 1.25 paisa per sq. ft.

(2.) FATHER of the respondent Late Badri Prasad Yadav owned the land bearing Khasra No. 5/4 measuring 5.143 hectares, Khasra No. 6 measuring 0.154 hectares, situate in village Laxmipur and Khasra No. 56/2 measuring 4.706 hectares situated in village Lamti. By Gazette Notification dated 31.7.1990 issued under the Town Improvement Trust Act, 1960 (for short 'Act of 1960'), the land owned by several owners in villages Laxmipur and Lamti was acquired. The TIT acquired the land at the rate of Rs. 6595.80 paisa per acre for the entire land measuring 24.72 acre. Thus, the total amount of compensation comes to Rs. 1,63,048.17 paisa for land, Rs. 2445/ - for trees and Rs. 330/ - for house, taking total compensation of Rs. 1,65,823.17 paisa. The claimant/respondent is also awarded compensation of Rs. 24,873.45 paisa towards compulsory acquisition and solatium at the rate of 15%. The claimant/respondent received the amount of Rs. 1,90,696.62 paisa under protest on 19.3.1982.

(3.) THE claimant/respondent sought reference to the District Judge, Jabalpur, for determination of proper compensation. When it was declined, Writ Petition No. 3274/93 was filed in this Court, during the pendency of which Badri Prasad Yadav died and Remesh Prasad Yadav (respondent in this appeal) succeeded.