STATE OF MADHYA PRADESH Vs. MAN MOHAN SWAROOP

JUDGEMENT

(1.) THIS first appeal arises out of an order passed on 19-10-1962 by the learned additional District Judge, Gwalior, awarding compensation to the respondent, as amended further by the order, dated 7-2 1963, awarding interest on the amount of compensation, on a reference made under Section 18 of the Land Acquisition act (hereinafter called the Act ).

(2.) THE land acquired measures 3 bighas and 15 bishwas situated at Dabra. The respondent held this land (bearing khasra Nos. 660 and 661) in pucca tenancy rights. The land was acquired for the public purpose of constructing a police station. Notification under Section 4 of the Act was issued and duly published on 11-2-1951. The Collector made the award on 6-2-1968 for payment of compensation to the respondent amounting to Rs. 802. 50 Np. only. The respondent unsuccessfully filed a review application before him. He, however, withdrew the amount of compensation under protest.

(3.) THE respondent had made an application for reference being made to Civil court. The Collector made the necessary reference under Section 18 of the Act, the learned Additional District Judge, vide his order, dated 19-10-1962, enhanced the amount of compensation to. Rs. 49,680 allowing compensation for the land which in all measured 9600 square yards at the rate of 0-8-0 per square foot. On an application made by the respondent under sec-lions 151 and 152 of the Code of civil Procedure read with Section 28 of the Land Acquisition Act, the learned additional District Judge directed on 7-2. 1963 that interest shall he paid to the respondent on the amount of compensation at 3 per cent per annum from the date of acquisition of the land till the amount was paid. Being aggrieved by the aforesaid orders, the State has filed this appeal under Section 54 of the Ac ).