STATE OF M.P. Vs. MANSINGH

JUDGEMENT

(1.) The State of M. P. has filed the present appeal under Section 54 of the Land Acquisition Act [in brief "the Act"] by which the amount of compensation vide award dated 13.10.2017 has been enhanced by Rs.1,04,400/-. Accordingly, the appellants valued this appeal.

(2.) The State Government issued a Notification under Section 4 (1) of the Act on 20.6.2003 for acquisition of certain land of Village Labriya coming into submergence in a Mahi Dem Project. At the time of acquisition, certain temporary houses were there over the land. The respondent was in possession in one of the house which was acquired and compensation was assessed. The Land Acquisition Officer had awarded the less amount of compensation. The land owner/respondent claimed the compensation @ Rs.3,000/- per sq.ft. for 10 x 10 sq.ft. of house along with interest @ 12% and solatium @ 30%. Being dissatisfied with the award passed by the Land Acquisition Officer, the land owner/respondent sought a reference under Section 18 of the Act. Before the Reference Court, the respondent/land owner submitted a certified copy of the guidelines issued by the Deputy Registrar, Sardarpur of the year 2003-2004. Copy of sale-deed dated 29.03.1999 and copy of the award passed in one of the Land Acquisition Case were filed by the respondent. After assessment of the evidence, the learned Reference Court has held that the house was constructed over 52.20 Sq.mtr. of land and as per the Collector's guidelines, the rate of land was Rs.600/- per Sq.mtr. hence value comes to Rs.31,320/-. Accordingly, the Reference Court has enhanced the compensation of Rs.1,04,400/- along with interest under Section 23 (1-A) of the Act and the solatium.

(3.) The Reference Court after assessing the evidence and verifying the report submitted by the Engineer and the guidelines of the Collector has rightly assessed the cost of the construction of Rs.46,980/- and value of land Rs.31,320/-. Para 53 and 54 of the Award of Reference Court are reproduced below :-