MALKHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under section 54 of the Land Acquisition Act, 1894, read with section 96 of the Code of Civil Procedure has been filed against the judgment dated 31.8.1998 passed by the Addl. District Judge, Sohagpur, in Land Acquisition Case No.52/1993, arising out of Reference Application filed under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') against the award dated 9.4.1984 passed by the Land Acquisition Officer, Tawa Project, Sohagpur, District Hoshangabad, in Revenue Case No.145A/82 year 1981-82.

(2.) In brief, the relevant facts of the case are that the land of the appellant's ownership bearing survey no.223/1, area 1.90 acres situated at village Bhiladiya, Tahsil Sohagpur was acquired for the Tawa project and by the aforesaid award dated 9.4.1984 total compensation of Rs.12,915.50.00 was awarded. On reference, learned Additional District Judge has confirmed the aforesaid award and also awarded Rs.3,000.00 as compensation on the head of separation of other part of the land of the appellant, along with interest. Against the aforesaid judgment, this appeal has been filed on the ground that the learned court below has not appreciated the evidence produced by the appellant in its proper perspective and has wrongly determined the market value of the land.

(3.) The learned court below has committed grave error in not considering the sale-deed, Ex.P/1, on the ground that it is related to very small part of the land while the acquired land is also not very big in size. The sale- deed, Ex.P/1, is relating to the land which was part of the survey no. of the acquired land. Hence, the impugned orders be set aside and the appeal be allowed and the compensation be fixed in accordance with the price of the land mentioned in the sale-deed, Ex.P/1 and accordingly compensation be awarded.