MST. SHYAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of both the aforesaid First Appeals, as both arise against the same judgment.

(2.) Both the aforesaid First Appeals, i.e. F.A. No. 728/2000 and F.A. No. 761/2000, have been filed against the judgment dated 26.6.2000 passed by I Addl. District Judge, Sidhi, in Land Acquisition Case No. 7/82, on the reference made by the appellants/claimants of F.A. No. 728/2000 under section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act'), against the award dated 29.8.1980 passed in Land Acquisition Case No. 17/A-82/1978-79, for the land bearing survey no.479, 481, 482, 483, 488, 489, 494, 495 and 478, total 9 khasras ad measuring 6.91 acres situated at village Karondiya, South Tola, Sidhi, Tahsil Gopadbanas, District Sidhi, which were of the joint ownership of the appellants/claimants, and were acquired vide notification dated 14.3.1979 issued under section 4(1) of the Land Acquisition Act for the purpose of construction of the dam.

(3.) The Land Acquisition Officer passed the award dated 29.8.1980 whereby total market value of the land on the date of acquisition was determined to the tune of Rs. 6,979.10/-, i.e. at the rate of Rs. 1,010/- per acre and with other statutory benefits, total compensation was determined to the tune of Rs. 8,026/-. Against the aforesaid award, an application under section 18 of the Land Acquisition Act was submitted by the appellants before the Land Acquisition Officer, which was referred to the District Court, Sidhi. In the application 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 the rate of Rs. 2/- per sqft., as the acquired land had a potential for the purpose of construction of houses, as the land was situated in the midst of the residential area. Apart from it, for Medh and extra soil put in the land for enhancement of productivity Rs. 50,000/- be determined as the market price of Medh and soil and with other statutory benefits compensation to be determined.