SUDARSHAN AHUJA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act 1894 has been preferred against an Award dated 31st January 2004 in Reference Case No. 34/2002 recorded by the VIII Additional District Judge, Gwalior (M.P.). The Reference court while deciding the case in addition to the amount of Rs. 10,90,986/- granted by the Collector/Land Acquisition Officer further awarded a sum of Rs. 99,180/-, in favour of petitioners/appellants. Against this little enhancement in the amount of compensation, the appellants have come to this court raising certain other grounds as mentioned in the appeal.

(2.) It is the case of the appellants that the land comprised in Survey Nos.26,27,28,29, 30, total Surveys No. 5, having an area of 1.484 hectors, situated in village Mauja Kishanbag, tehsil and district Gwalior, which were in the joint ownership and possession of the appellants/petitioners were acquired in the year 1985 by the State Government for implementation of the Scheme known as 'Apana Ghar Yojna' introduced by the Gwalior Development Authority (respondent No.2 herein) and possession of the land was also taken over by the Land Acquisition Officer, Gwalior. At that time, no compensation was paid to the owners of the land. By an order dated 19th February 2001 passed in Writ Petition No. 1649/1999, the learned Writ Court for noncompliance of the mandatory provisions of the Land Acquisition Act, set aside the acquisition of the appellants' land and directed that if the State chose to acquire the lands of the above petitioners/owners, in that situation, the aforesaid lands may be acquired by fresh acquisition proceedings. Consequently, the lands of the petitioners/appellants were again by issuing a fresh notification as per law were acquired. The Land Acquisition Officer while conducting the acquisition proceedings passed the award of compensation of Rs 10, 90,986/- for acquired of the lands of appellants. Being aggrieved by the award of the Land Acquisition Officer, Gwalior, the petitioners preferred an application under Section 18 of the Land Acquisition Act for making a reference before the District Collector Gwalior. On reference by the District Collector Gwalior, the Reference court after providing due hearing to the parties by an award dated 31st January 2004 came to enhance a sum of Rs. 99,180/- in the amount of Rs. 10,90,986/- and directed for payment of the total amount of compensation to the respondents. It was the order which has been assailed in the appeal before us with a prayer for setting aside the same by allowing the appeal. It is also prayed that the appellants may be awarded damages for the period of illegal possession by the State over the land till the next date of acquisition under subsequent Notification by the State Govt.

(3.) The contention of the appellants are that the Award passed by the Land Acquisition Officer and the Award passed by the Reference court both are contrary to the law and against the evidence as adduced before them and therefore the orders are not liable to stand. Learned counsel for the appellants submitted that there is not dispute with regard to dispossession of the petitioners/appellants from their lands dragging these land-losers to the court of law. Therefore on the prayer of the petitioners, the learned Writ Court in Writ Petition No.1649/1999 by an order dated 19th February 2001 decided that since the compensation has not been paid to the petitioners within two years from the date of acquisition of the land, and proceedings for acquisition of the land have lapsed, the petitioners are entitled to get back possession of the land as the lands have not been acquired. It was further observed that if the respondents feel that lands deserve to be acquired, they may issue notification and determine the compensation as on date of fresh notification. The Gwalior Development Authority/ respondent No.2 being aggrieved by the order dated 19th February 2001 of learned Writ Bench preferred Letters Patent Appeal No.69/01 (now writ appeal) before the Division Bench of this court which by an order dated 9th July 2001 was dismissed. Thereafter, the State for benefit of the Gwalior Development Authority, in whose possession the lands of the petitioners/appellants were lying by issuing fresh Notification, initiated the land acquisition proceedings again and acquired the lands again of the petitioners/appellants. Thus, the petitioners/ appellants claimed compensation of the acquired lands from the date of subsequent acquisition of the lands as Rs. 3000/- per square meter as per market rate of the area with solatium with stipulated interest and also claimed damages of Rs. 8,50,000/- for a period of 17 years for depriving the use of the acquired lands, as according to the learned counsel, the compensation of the acquired lands were not granted as per mandatory provisions of the law. On reference, the learned Reference court denied the compensation as per request of the petitioners with claim for damages. It is thus, submitted that both the courts in awarding the compensation of the acquired lands, ignored the recognised principles of law and the various judgments passed by the Hon. Apex court on the matter in issue. On these premised submissions, it is prayed that the award passed by both the courts may be set aside by awarding an appropriate compensation for acquisition of the lands of the petitioners/appellants with further damages for illegal possession by the Gwalior Development Authority over more than 17 years with interest and costs of the litigation.