(1.) This appeal under Section 54 of the Land Acquisition Act read with section 96 of the Code of Civil Procedure has been filed against the judgment dated 4.8.2004 passed by the District Judge, Sehore in M.J.C.No.28/2012, arising out of Reference Application filed under section 18 of the Land Acquisition Act against award passed by the Land Acquisition Officer, Bina, District - Sagar, in Revenue Case No.1-A/82 year 2000-01.
(2.) In brief, the relevant facts of the case are that agricultural land bearing Survey No.611, area 1.15 Acres which was in the ownership of the appellant No.1 Kailash and land bearing survey No.109, area 018 acres which was in the ownership of the appellant No.2 Achal Singh, land bearing Survey No.600/3, area 0.48 acres, survey No.601/1, area 0.8 acres, survey No.602/3, area 0.13 acres, survey No.603/2 area 0.28 acres, total area 0.97 acres, which was in the ownership of the appellant No.3 Ratan Singh and land bearing survey No.610, area 1.90 acres which was in the ownership of appellant No.4 Sujan Singh, situated at village - Thoona Kala, Tahsil - Sehore, District Sehore were acquired for construction of National Highway by the respondent. With regard to the acquisition of the aforesaid land, notification under Sections 4 (1) and 17 (1) was published in Gazette on 17.11.2000. The Land Acquisition Officer has passed the award dated 14.5.2001, whereby total value of the land was determined as Rs.6,30,356/- after calculating it at the rate of Rs.74,818/- per acre for unirrigated land and at the rate of Rs.1,12,227/- per acre for the irrigated land and the area of irrigated land was 3.99 acres and 0.21 area was unirrigated. The total area of land was 4.20 acres.
(3.) The compensation was received under protest and the appellants have submitted an application under Section 18 of the Land Acquisition Act to the Land Acquisition Officer, which was referred to the District Court, Sehore, whereby the appellants claimed that the market value of the land fixed by the Land Acquisition Officer is very meager and not actual. It ought to have been fixed at Rs.4 Lakhs per acre. They have also claimed that total acquired land was irrigated and on account of acquisition of the land, their lands have been divided in two parts, which caused inconvenience and requires more cost for cultivation. In this regard, they were also entitled to get appropriate compensation. Apart from it, trees were standing in the acquired land for which no compensation has been given while the appellants are also entitled to get price of the trees as compensation alongwith other statutory benefits. Hence, award for appropriate compensation be passed.