M P HOUSING BOARD Vs. NARGIS (DEAD)

JUDGEMENT

(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 6.11.2001 passed by the II Addl. District Judge, Khandwa, in Land Acquisition Case No.96/2001, 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 17.10.1988 passed by the Land Acquisition Officer, Khandwa, in Revenue Case No.2A/82/88-89.

(2.) In brief, the relevant facts of the case are that the respondents No.1 to 3 were the owners of land bearing Survey Nos.259/1, total area 9.55 acres, situated at village Khandwa Taraf Mankar, District Khandwa, which was acquired by the appellant for construction of houses by a notification published in official gazette dated 19.6.1987 under section 4(1) and 17 of the Land Acquisition Act and the Land Acquisition Officer passed an award on 17.10.1988 in which market value of the land was determined at the rate of Rs.15,000/- per acre and compensation was awarded accordingly along with other statutory benefits. The award was challenged by the respondents by submitting an application under section 18 of the Land Acquisition Act before the Collector, which was referred to the District Court, Khandwa, in which respondents claimed that the market value of the acquired land fixed by the Land Acquisition Officer is very less. The acquired land is situated in the residential area and it is also acquired for the construction of the houses, therefore, it has the potentiality of being used for construction of houses. Its market value should have been determined at the rate of Rs.10,000/- per acre. Accordingly, with all statutory benefits, an award for compensation be passed.

(3.) On behalf of the appellant, it was stated that compensation determined by the Land Acquisition Officer is proper and does not require any interference.