STATE OF M.P. Vs. BABULAL

JUDGEMENT

(1.) HEARD .

(2.) CHALLENGE has been made to the Award dated 31.07.2013 passed by the Additional Judge to the Court of First Additional District Judge, Datia, in MJC No.9/2010. The non -applicant/State has filed this appeal under Section 54 of the Land Acquisition Act, 1984 (hereinafter referred to as the Act).

(3.) IN the present appeal, the non -applicant/State has assailed the impugned order on several grounds. It is contended that the reference made by the respondents is barred by limitation. The land bearing Survey Nos. 883 area 0.20 'Aray' and 887 area 0.03 'Aray' is not irrigated land. Merely on the basis of certification by the Sarpanch, the land was presumed to be irrigated. It is also contended that there is no cogent evidence in this regard. Therefore, the impugned order is liable to be rejected.