RAMDAS Vs. STATE OF M P

JUDGEMENT

(1.) THESE two appeals preferred under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') being interlinked and interconnected and having arisen out of a singular award dated 5-4-1994 passed in M. J. C. No. 64/85 by the learned Second Additional District Judge, Hoshangabad were heard analogously and are disposed of by this common judgment. In First Appeal No. 212/1994 the claimant-land owner is the appellant who is assailing the award passed by the Reference Court and in the other appeal the State of Madhya Pradesh has called in question the defensibility of the same.

(2.) THE facts which are essential to be stated for the disposal of both the appeals are that the State Government issued a notification under Sections 4 and 17 (1) of the Act on 26-9-75 for acquisition of land admeasuring 6. 56 acres of land forming a part of Khasra Nos. 49, 52/1, 52/2, 84 and 88/2 situated in Village Rasulia, District Hoshangabad. The land of the claimant admeasuring 2294 sq. ft. was also included in the aforesaid notification. The notification under Section 6 of the Act was published in the official gazette on 23-4-76 and the possession of the land was taken by the competent authority on 21 -1 -1976. The Land Acquisition Officer after noticing the interested parties determined the compensation of the land by passing an award on 6-8-77. The claimant/appellant claimed compensation at the rate of Rs. 5/- per sq. ft. but the Land Acquisition Officer awarded compensation at the rate of Rs. 2/- per sq. ft. It was claimed that the land was diverted long back. Interest at the rate of 6% per annum on the amount of compensation was awarded alongwith 15% solatium for compulsory acquisition under Section 23 (2) of the Act. As setforth a total sum of Rs. 5,865/- was awarded in favour of the claimant.

(3.) THE claimant/appellant preferred an application under Section 18 of the Act seeking reference to the Civil Court and accordingly a reference was made. The Reference Court increased the compensation by fixing the rate at Rs. 4/- per sq. ft. and granted solatium at the rate of 30% under Section 23 (2) of the Act. Interest at 9% per annum from the date of taking over of possession was awarded on the additional amount. Thus, a sum of Rs. 3310. 05 p. , was additionally awarded together with interest at 9% per annum from 21-1-76 to the date of payment alongwith the solatium of 30%. Being aggrieved by the said award the appellant has visited this Court in appeal.