LAWS(MPH)-1999-9-77

SITARAM Vs. UNION OF INDIA

Decided On September 01, 1999
SITARAM Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE are a mixed bag of appeals filed by both Union of India and the land -holders whose land was acquired for defence purposes. Being identical in nature these are disposed off by this common order.

(2.) LAND measuring 4827.63 hectares or so situate in as many as 21 villages of Mhow Tehsil was acquired for two firing ranges of Bercha and Hema sometime in 1996. LAO determined compensation for this awarding Rs. 52,500/per hectare for irrigated land, Rs. 35,000/ - for unirrigated and Rs. 30,000/ - for uncultivated land in Bercha range and Rs. 67,500/ -, Rs. 45,000/ - and Rs. 40,000/per hectare in the same order in Hema range. Land holders felt dissatisfied with this and in their reference, District Court enhanced the compensation to Rs. 88,000/ - p.h. (irrigated), Rs. 58,000/ - (unirrigated and uncultivated) in Bercha range and Rs. 88,000/ - p.h. (irrigated) and Rs. 58,000/ - (unirrigated) and Rs, 40,000/ - for uncultivated land in Hema range.

(3.) LIKEWISE land -holders have also taken all concievable grounds to assail the award. According to them even when reference Court had found them entitled to higher compensation, it had strangely restored to impermissible averaging method to fix the compensation in disregard of evidence on record.