LAND ACQUISITION COLLECTOR Vs. MADANLAL AGRAWAL

JUDGEMENT

(1.) THIS First Appeal is directed against the judgment dated 19.8.1995 passed by the learned Civil Judge (Senior Division), Bhawanipatna in MJC No. 118 of 1982 in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as to 'the Act').

(2.) LAND Acquisition Collector is the appellant. The land appertaining to plot Nos. 2288 (Ac.40 decimals) and 2289 (Ac.60 decimals) was acquired in village Jaipatna in the district of Kalahandi for Upper Indravati Multipurpose Project. The total area of the land acquired by the Government was Ac.1.00 dec. and the Government constructed a road on the said land. The grievance of the claimant -Madanlal Agarwal is that he was owner in possession of Ac.4.72 decimals of land under Khata No. 255/243 where he was running a brick factory named and styled as M/s. Arya Bricks Factory. He had invested a huge amount of money in the said brick kiln, chimney and also for foundation of the office and residence at the site.

(3.) CLAIMANT in his objection asserted that owing to construction of road on the acquired land, his remaining lands became useless and the brick factory was damaged and this fact had to be taken into consideration while determining the market value of the acquired land. The learned Civil Judge (Senior Division) earlier considering the entire facts had passed an award on 19.12.1984 directing the Special Land Acquisition Collector to pay compensation for the entire land measuring an area of Ac.4.72 decimals at the rate of Rs. 2500/ -per acre.