STATE OF M P Vs. BUDDHASEN

JUDGEMENT

(1.) IN this batch of First Appeals preferred under Section 54 of the Land Acquisition Act, 1894 (for brevity 'the Act'), the State of M. P. and its functionaries have called in question the defensibility of the award passed by learned III Additional District Judge, Rewa in References. In number of reference cases, the appeals being inter-linked and inter-connected and relatable to said notification, they were heard analogously and are disposed of by this common judgment.

(2.) THE facts which are requisite to be adumbrated for the purpose of disposal of the appeals are-a notification was issued under Section 4 and Section 17 (1) of the Act on 17-10-1982, published in M. P. Rajpatra. The notification was for acquisition of total area of land admeasuring 134. 913 hectares situate in Village Babupur, Nipania, Dohi and Khobhar in Tehsil Huzur, District Rewa for establishment of an 'industrial area' which was treated to be public purpose. After issue of the said notification, 'a declaration under Section 6 of the Act was published in M. P. Rajpatra on 31-12-1982. The requisite notice under Section 9 of the Act was issued to the persons interested to submit their separate claims for compensation. The possession of the land so acquired was taken over by the Land Acquisition Officer on 9-6-1983.

(3.) THE concerned Land Acquisition Officer, Rewa, after holding enquiry passed the award under Section 11 of the Act granting the compensation. The land owners were dissatisfied with the award passed by the Collector and accordingly, filed applications under Section 18 of the Act praying for referring the matter to the Civil Court.