STATE OF M.P. Vs. RAVINDRA KUMAR SHARMA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act 1894 has been preferred by the State against a judgment dated 24th September 1998 in Civil Reference Case No. 18/1998 by the First Additional Judge to the court of District Judge, Morena (M.P.) directing thereby the appellant/State to pay a sum of Rs.1,35,000/- as an Award alongwith 12% annual interest from the date of the Notification, 30% solatium on the awarded award amount with interest in accordance with the provisions of section 34 of the Act.

(2.) The facts necessary for the decision of this appeal are that a Notification dated 30th March 1991 for proposed acquisition of the land under Section 4 of the Land Acquisition Act, ad-measuring 4500 sq. ft. which is a part of Survey No. 1041, situated in village Jora Khurd, District Morena for the purposes of Chambal Awasiya Yojna was published in M.P. Rajpatra dated 19th April 1991 and in two news-papers having wide circulations in the area. After complying with the procedure as laid down in law declaration for the land required under Section 6 of the Land Acquisition Act was published. Thereafter on making enquiry, the Collector passed the award in favour of the owners/beneficiaries whose lands were acquired alongwith interest and solatium. Being aggrieved by the award, the owners/beneficiaries including the respondent filed the application under Section 18 (1) of the Land Acquisition Act before the Collector for making a reference to the District Judge for consideration of their grievance. In Reference Case No. 18/1998, the District Judge after considering the evidence as adduced and hearing the parties passed the award under Section 23 of the Land Acquisition Act and thereby awarded a sum of Rs. 1,35,000/- on the basis of the guidelines fixed by the Collector from time to time which was verified from the sale-deeds of the similar lands. Being aggrieved by the Award passed by the District Judge, the appellant-State has preferred this appeal.

(3.) Learned Govt. Advocate appearing for the appellant/State contended that the impugned order of Award so passed is against the fact, evidence on record and the law. It is submitted that the learned Collector after considering the material passed the appropriate amount for acquisition of the lands on legal requirements at Rs. 38,500/-per Bigha, which was prevailing on the land transactions at the relevant time and the Reference court on wrong notion on the plot value of the small piece of land determined compensation which was not on reasonable grounds. Therefore, it is prayed that by allowing the appeal, the award under appeal may be quashed and the Award passed by the Collector may be upheld.