SHANTI DEVI TIWARI Vs. TOWN IMPROVEMENT TRUST

JUDGEMENT

(1.) THE appeals have been preferred by the claimants and erstwhile Town Improvement Trust, Rewa, substituted by municipal Corporation, Rewa (hereinafter referred to as 'the corporation') during the pendency of the appeals. The determination of compensations by Joint Tribunal of Town improvement Trust of M. P. (in reference cases no. 3/85, 5/85, 2/88, 1/87 and 2/85) has been assailed.

(2.) IT is not in dispute that notification regarding the acquisition was published in the gazette dated 25. 2. 1984 under erstwhile Town Improvement Trust Act, 1960. In M. A. No. 567/91 the area admeasuring 0. 59 acres comprised in survey no. 379 was acquired by the Land Acquisition Officer at the rate of Rs. 27,600/-per acre. On reference being sought the tribunal has determined the compensation at the rate of Rs. 2. 50 per sq. ft. In M. A. No. 568/91 compensation at the similar rate has been awarded. Consequently Town Improvement Trust taken over by Muncipal Corporation, Rewa has come up in M. A. No. 571/91. In M. A. No. 571/91 the tribunal has awarded compensation at the rate of Rs. 2/-per sq. ft. In M. A. No. 596/91 the claimants have come up in the appeal for enhancement of compensation. The tribunal has awarded compensation at the rate of Rs. 4. 50 per sq. ft. whereas a cross appeal M. A. No. 595/91 has been preferred by the Trust/ Corporation for reduction of the amount of compensation awarded by the tribunal. M. A. No. 588/91 has been preferred by the Trust/ corporation. The tribunal has awarded compensation at the rate of Rs. 2/-per sq. ft. Prayer has also been made to award solatium, interest at the higher rate considering the provisions of Land Acquisition Act.

(3.) IN M. A. No. 571/91 the area of 2. 71 acres comprised in survey nos. 347, 358, 359, 361, 362 and 363 has been acquired. In M. A. No. 568/91 the area admeasuring 0. 90 acres comprised in survey no. 196 has been acquired. In M. A. No. 540/91, 596/91 and 595/91 area admeasuring 2. 71 acres, 5. 73 acres comprised in survey no. 368 and 369 situated at village Saman, Tehsil and district Rewa has been acquired. The rate of Rs. 2/-to Rs. 2. 50/and rs. 4. 50/-per sq. ft. has been awarded by the tribunal as per the impugned awards.