STATE OF MADHYA PRADESH Vs. CHIRORANJAN DUTT

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure against the order dated 25.6.94 passed by First Additional District Judge, Hoshangabad in Land Acquisition Case No.16/87 by which the respondents were awarded compensation, solatium and interest.

(2.) The case of the respondents is that their land which was situated at village Sukarwara, District Hoshangabad was acquired by the Government for construction of minor Canal No.954-R in Tawa Project. The land measuring 1.20 acres of Khasra No.220 was acquired. Thereafter, the Land Acquisition Officer passed an award on 24.12.85 of Rs.23,325.00 compensation in favour of the respondents. The Land Acquisition Officer referred this matter to the District Judge, Hoshangabad vide memo No.566 dated 17.9.1987. The case was registered and notices were sent to respondents. The respondents filed their objection and according to them, the cost of land was Rs.20,000/-per acre whereas, the Land Acquisition Officer awarded less amount. After the construction of Canal, the boring (tubewell) situated in the land of respondents became useless. The land was divided into two parts. The respondents claimed total amount of Rs.84,059.50 compensation on the basis of various grounds.

(3.) After recording the evidence, the Additional District Judge, Hoshangabad passed the order impugned by which the compensation of Rs.24,000/-with solatium and interest was awarded as cost of the land. It was further ordered that the State shall pay Rs.23,115.50 to the respondents/applicants, along with 30% solatium and interest in accordance with Rules, as the tubewell became useless. Since, the land of the respondents was divided into two parts, therefore, on this count also, a sum of Rs.3,000/-including 30% solatium and interest was also awarded. It was further ordered that the amount shall carry interest at the rate of 9% since the year 1980 as in that year, the possession of the land was taken over by the Government.