STATE OF MP Vs. KALU

JUDGEMENT

(1.) THIS appeal is filed by the State under section 54 of the Land Acquisition Act being aggrieved by the judgment and award dated 13.10.1992 passed in reference No. 11/88 by District Judge, Jhabua enhancing the amount of compensation awarded by the Land Acquisition Officer.

(2.) BRIEF facts giving rise to this appeal are that in the year of 1998, the State of M.P. department of Irrigation, for the purpose of constructing one Narvali-ya tank in district Jhabua acquired the following land owned by respondent. <IMG>JUDGEMENT_147_MPWN2_2004.jpg</IMG>

(3.) THEREAFTER , a reference under section 18 was made to the district Judge, Jhabua for determination of the enhanced compensation. The reference Court framed issues and recorded evidence of the parties. After appreciation of the evidence the reference Court determined that looking to the quality, location and its production value and market value of the adjoining lands, determined that on the date of acquisition i.e. on 25.3.1988, the market value of the land owned by respondent was around Rs. 9,500/- per hectare and accordingly passed the award with interest at the rate of 12% from the date of acquisition under section 23(1) (a) of the Land Acquisition Act and also awarded interest @ 9% for the first year and 15% for the subsequent years under section 34 of the Land Acquisition Act, against which the State has filed this appeal.