LAWS(MPH)-1977-8-22

TOWN IMPROVEMENT TRUST, GWALIOR Vs. SAHAJIRAO ANGRE

Decided On August 10, 1977
TOWN IMPROVEMENT TRUST, GWALIOR Appellant
V/S
SAHAJIRAO ANGRE Respondents

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India for issuance of a writ setting aside the Award, dated 27-4-1970, given by Land Acquisition Officer, Gwalior in Land Acquisition Case No. 8/56/23/7 (Annexure-B). The petitioner has also challenged Section 50 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") as being unconstitutional.

(2.) The case of' the petitioner, a body corporate constituted under the Town Improvement Trust Act is that in the city of Gwalior near Jinsinala an open piece of land, commonly known as Garud Saheb ka Bada, 3 bigas and 5 biswas in area, was acquired for Housing Development Scheme. The petitioner has referred to the different notifications issued under Sections 4, 6 and 17 of the Act. Tahsildar, Gwalior obtained possession over the land and handed it over to the petitioner on 29-11-1957.

(3.) Notification under Section 9 was also issued in the proceedings relating to the acquisition. Some persons, as have been named in paragraph 6 of the petition, submitted their objections and claimed compensation. Respondent No. 1 was also one of the claimants and he claimed an amount of Rs. 1,81,473.45 p, as the amount of compensation. The Land Acquisition Officer after an enquiry gave an award of Rs. 1,22,284.10 p. to Respondent No, 1 for his part of the land.