HIRALAL AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) ALL these appeals under section 54 of the Land Acquisition Act (for short "the Act) are arising out of common land acquisition proceedings in which land of Village -Sukhaliya, Bhavrasala, and Kumedi has been acquired for the construction of road by Indore Development Authority (in short "I.D.A.") for its scheme No. 139 (M.R. 10). vide notification issued under Section 4 (1) of M.P. Land Acquisition Act, 1984 (in short the "Act") on 11/10/2002.

(2.) FOR the sake of convenience, in respect of land situated at village Sukhalia the facts of F.A. No. 901/2008 (Hiralal S/o Bherulal Choudhary (dead) through legal representatives v. State of M.P.) filed by the land owner are borrowed.

(3.) BEING aggrieved by the aforesaid award deceased/Hiralal filed an application under Section 18 of the Act. The land owner stated that they claimed market value @ Rs. 22,00,000/ - per acre because the land falls under the Municipal Corporation Limit, Indore, housing colonies, industries, hospital, school, dharamshala etc. are also situated near the acquired land. Land owner also claimed that they were growing vegetables and were earning Rs. 35,000/ - to Rs. 40,000/ - per acre but no compensation has been given. They claimed the market value of the acquired land @ Rs. 54,34,000/ -per hectare but the learned Reference Court has awarded compensation at the rate of Rs. 25,00,000/ - per hectare for irrigated land. Being dis -satisfied this appeal has been filed.