LAWS(MPH)-2006-2-120

KAMALKANT SHRIVASTAVA Vs. STATE OF M.P.

Decided On February 14, 2006
Kamalkant Shrivastava Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) IN this appeal preferred under section 54 of the Land Acquisition Act, 1894 (for brevity "the Act") the appellants as legal representatives of the original owner, namely, Ramratanlal Shrivastava have called in question the pregnability of the award dated 11.1.1999 whereby the reference Court has determined the quantum at the rate of Rs.18,000/ - per acre in respect of the acquired land in question.

(2.) THE facts which are necessary to be stated are that a notification under section 4 (1) of the Act was issued by the State of Madhya Pradesh for the purpose of acquisition of the land admeasuring 5.84 acres situated at Ward No.7 Bina Itava. It is relevant to state here that the beneficiary, namely, M.P. Electricity Board had entered into correspondence with the predecessor -in -interest and others for indicating the price so that the Board could take steps for acquiring the land. One Anand Kumar agreed to sell the land at the rate of Rs.17 ,800/ - per acre to the Board. The possession of the land was taken over on 21.11.1980. After the notification was issued under section 4 (1) of the Act steps were taken by completing the formalities and eventually the award was passed under section 11 of the Act. As far as Anand Kumar was concerned, the Land Acquisition Officer passed an award at the rate of Rs.17,800/ - per acre. Similar amount was awarded in favour of Ratanlal Shrivastava. Ratanlal Shrivastava accepted the award under protest. On the basis of the reference application by Ratanlal and others, the Land Acquisition Officer referred the matter to the civil Court under section 18 of the Act.

(3.) QUESTIONING the correctness of the award Mr. Ramesh Kumar Shrivastava has raised the following contentions: