STATE OF M.P. Vs. RAJESH KUMAR CHOKSE

JUDGEMENT

(1.) THIS appeal is preferred by the State of Madhya Pradesh Collector (Land Acquisition Officer) Shivpuri and Executive Engineer, Sindh Pariyojna, Irrigation Department, district Shivpuri being aggrieved by the Award dated 11.7.2005 passed jointly in Land Acquisition Case Nos. 3/13, 6/04 to 18/04, by which the learned Additional District Judge enhanced the compensation awarded by the learned Acquisition Officer in all the cases.

(2.) BY the impugned order, the Second Additional District Judge, Shivpuri, enhanced the compensation in different cases as given in table below: -

(3.) THE State of Madhya Pradesh and the Executive Engineer, Sindh Pariyojana, has filed this appeal against Respondent Rajesh Kumar Choukse on several grounds. It is contended that the impugned judgment is illegal and against the settled principles of law. The learned Trial Court did not appreciate the evidence. The Land Acquisition Officer asserted the value of the land on the basis of guidelines issued by the Govt. The learned Trial Court while assessing the value of the acquired land, considered sale of land situated at village Surviya which is a irrigated land and is during the period commencing from 28.09.2000 till 27.09.2001, not a single sale deed of irrigated land has been executed nearby village Surviya. The learned Additional District Judge applied the sale of irrigated land for ascertaining the Award. As per the Govt. guidelines, the value of the land situated in village Sosa is Rs. 68,000/ - per hectare, while acquired the land, the Land Acquisition Officer calculated the compensation as Rs. 70,000/ - per hectare whereas learned Additional District Judge ascertained the value as Rs. 75,000/ - per hectare. Therefore, the impugned judgment deserves to be set -aside.