STATE OF MADHYA PRADESH Vs. NIRMAL TIWARI

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 1.10.1999 passed by the District Judge, Hoshangabad, in Land Acquisition Case No.61/1999, arising out of Reference Application filed under section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') against award passed by the Land Acquisition Officer, Hoshangabad, in Revenue Case No.8M.D.A./82 year 1983-84.

(2.) In brief, the relevant facts of the case are that the land bearing Survey Nos.166/1 ga, 166/2, total area 2.58 acres situated at village Dhodai, Tahsil and District Hoshangabad was acquired for Tawa Project by the appellant in the year 1983-84. (The date of notification under section 4 of the Act is not possible to find out from the record.) The LAO has passed the award of Rs.32,656.50 as total compensation including the market value and statutory benefit under the Act. The compensation amount was received under protest and an application was submitted under section 18 of the Act to the Land Acquisition Officer, which was referred to the District Court, Hoshangabad, where the respondent claimed that the market value fixed by the L.A.O. is very low and not actual. It should be Rs.47,500/- per acre and accordingly with all statutory benefits the total compensation be determined.

(3.) On behalf of the appellant in reply it was submitted that the market price and compensation determined by the Land Acquisition Officer is correct, real and in accordance with law.