KARYAPALAN YANTRI Vs. BHAGIRATH

JUDGEMENT

(1.) IN this bunch of first appeals preferred under section 54 of Land Acquisition Act, 1894 (for brevity, "the Act") M.P. Housing Board, Bhopal, and its officer, Executive Engineer, Ujjain, have called in question the defensibility of the award passed by the learned V Additional District Judge, Ujjain, on 26.3.1993 in Miscellaneous Cases Nos. 44/86, 45/86, 48/86, 42/86, 37/86, 43/86, 51/86 and thereby awarding compensation @ Rs.50,000/ - per bigha for irrigated land and Rs.38,000/ - per bigha for unirrigated land along with 30% solatium and interest as per provisions of the Act.

(2.) THE facts which are necessary for the disposal of this appeal arc as follows:

(3.) PER contra learned senior counsel Shri Ashok Garg assisted by Shri N.K. Jain advocate has submitted that the acquired land is situated within the municipal area of Ujjain city and is near to the developed colony of the Ujjain and industrial area of Ujjain. These lands are also near Ujjain -Agra Road as well as MR5 Road. The special situation of these lands shows that the lands have got potential value being in near vicinity of developed area and nearby the highway. He has argued that the learned Additional District Judge has taken into consideration all the relevant circumstances and thereafter fixed the price of the acquired land on acreage basis which calls for no interference by this Court in these appeals. He has, however, drawn our attention towards a judgment of the apex Court passed in M/s. Printers House Pvt. Ltd. v. M/s. Salyadan (deceased) by LRs and others [AIR 1994 SC 1160], in which the apex Court held as under: