HIRA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) THESE appeals arise out of award dated 8th September, 2001 passed by First Addl. District Judge, in Case No. 42/97 MJC.

(2.) THE facts, in short, are that on 14-2-1986 a notification under section 4 of the Land Acquisition Act was issued for the purpose of acquisition of 25. 66 acres of the land belonging to the claimants. It was adjacent to the national Highway No. 12 and on other side of the road, it is not in dispute, that rajeshwari Talkies, some shops and residential houses were situated. Initially, the award (P-23) was proposed by the Land Acquisition Officer to the competent Authority on 9-2-1988 in which valuation per acre was proposed at rs. 23,770/ -. This award was not accepted by the Competent Authority. Ultimately, the award was passed by the LAO determining the compensation in two modes; upto 100 meter of the National Highway Rs. 12,543. 50 per acre, beyond 100 meter @ Rs. 9,332/ -. On reference being sought under Section 18 of the Act the Reference Court has valued the land @ Rs. 12,543/- per acre for the entire land irrespective of distance from the National Highway No. 12. Dissatisfied with the award passed by the Reference Court the claimants as well as M. P. E. B. have come up in the appeals.

(3.) SHRI Ravish Agrawal, learned Sr. Counsel appearing with Shri pranay Verma on behalf of the claimants has submitted that the evidence of sale-deed (Exhs. P-l to P-10) by which land was sold at the rate of 2 to 5 per square feet has been totally ignored by the Reference Court as on the other side of the road residential houses, talkies as well as shops were situated, the sale-deeds were relevant. Compensation awarded is meagre, thus, it be suitably enhanced. He has prayed determination of compensation @ Rs. 2. 076 per square feet, as per that appeal has been valued.