AWDHESH PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this first appeal under Sec. 54 of the Land Acquisition Act, 1894 against order dtd. 28/7/2012 passed in Land Acquisition Case No.26/2011 by VIIth Additional District Judge, Rewa (MP).

(2.) Appellants are owner of land bearing Khasra No.470, 471, 472 and 474 measuring total 0.599 Hq. situated at Village-Rathara Tehsil Hajoor District-Rewa (MP). State Government decided to acquire land belonging to private land owner/farmers for construction of bypass road National Highway No.7, Rewa. Notification under Sec. 4 of Land Acquisition Act was issued on 19/4/2006 and notification under Sec. 6 of LA Act was issued on 26/4/2006. Land of appellants is also to be acquired. At the time of notifications, aforesaid disputed khasra numbers were entered in revenue record in name of Ramrati wife of Ramsia Kol. Land in question was sold by Ramrati to appellants Awadhesh Pratap Singh and Vinod Kumar Patel on 5/5/2005. Said land was tribal land, therefore, Collector on 16/10/2006 cancelled permission granted for sell of land. Due to said action of Collector, dispute of title over land in question arose and assessment of compensation in respect of land was not made. Dispute between Ramrati and appellants was finally settled in favour of appellants by Board of Revenue vide its order dtd. 8/8/2007. Mutation of land was done favour of appellants on 10/2/2009. Assessment of compensation in respect of land in question was separately taken. Appellants had filed an application before Land Acquisition Officer that notifications under Ss. 4 and 6 of LA Act were in respect of land measuring 0.283 hq. but actually total land belonging to appellants i.e. measuring 0.599 hq. has been acquired, therefore, appellants be paid compensation in respect of 0.599 hq. of land. Land Acquisition Officer published notifications under Ss. 4 and 6 of LA Act in respect of 0.599 hq. of land on 18/10/2010 and 18/11/2010. Land Acquisition Officer passed award dtd. 28/2/2011 for compensation of Rs.15,57,125.00. Dissatisfied by the award, appellants filed application for reference before Collector which was forwarded before VIIth Additional District Judge, Rewa and Case No.26/2011 was instituted on 3/10/2011.

(3.) Appellants averred that land in question is not agricultural land but land of commercial value. In surrounding areas of disputed land, shops, educational institution, colleges, workshop, RTO office and other institutions are located. Land Acquisition Officer has awarded compensation for unirrigated land on basis of notification of year 2006 and compensation was paid only in respect of 0.283 hq. of land. Compensation ought to have been awarded as per Government guideline for commercial land as on 2010-2011 @ Rs.5400.00 per square meter.