SUKHDEV Vs. GOVERNMENT OF M P

JUDGEMENT

(1.) This judgment shall also govern disposal of connected First Appeal Nos. 90/2010; 91/2010; 93/2010; 94/2010 and 95/2010 as they involve common questions of fact and law and are directed against the Award of even date 27-10-2009 passed by the 1st Additional District Judge, West Nimar, Mandleshwar in Reference Cases. The principal question that arises for decision in these appeals is as to the market value of appellant's land acquired under the provisions of the Land Acquisition Act, 1894.

(2.) About the following facts there is no dispute. On 21-4-2006 a notification under section 4 of the Act was published in the gazette. It was followed by the Declaration under section 6 which was published in the gazette on 23-6-2006 and in all 10.992 hectares of agriculture land of village Javada Tehsil Kasrawad, District Khargoan were acquired for public purpose i.e. construction of main canal of Indira Sagar Project.

(3.) Land Acquisition Officer by the Award dated 9-1-2007 determined the following rates per hectare on actual land revenue in absence of reliable material like contemporaneous sale deed and on that basis worked out the market value of the land acquired; added 30% solatium thereon with statutory interest under section 23 (1A) @ 12% from 21-4-2006 to 9-1-2007 i.e. from the date of notification under section 4 to the date of Award. Besides this, the LAO also awarded costs of the pipe-line; trees, etc. wherever applicable. Admittedly amount of compensation as determined by the LAO was paid to the appellants on 26-2-2007 at the time of taking possession of the acquired land.