R.S. PETER Vs. COLLECTOR, LAND ACQUISITION

JUDGEMENT

(1.) The land owners Association and others have preferred this appeal against the order of the learned District Judge, Manipur East dt. 30.1.2010 passed on a reference u/Ss 18 and 30 of the Land Acquisition Act, 1894(hereinafter refers to as the "Act").

(2.) The brief facts leading to the reference are as follows:

(3.) The Secretary of the Association, not being satisfied with the award, filed an application on 27.3.1995 praying for making a reference to the Court u/s 18 of the Act for enhancement of the compensation and also praying for stay of the award under protest in respect of Dag Nos -110 to 117 & 121 to 158 except 152. The land owners claimed 1,74,000/ - per acre, 30% solatium and interest from the date of Notification under Section 4 of the Act till finalisation of the award. They also claimed to treat the lands as urban since it fulfils the criteria as such water supply, black topped road and concentration of large number of population which would be over 3000. The land owners also claimed that the acquired land is located at the junction of Shangshak - Tengnoupal NEC Road, Shangsak ­Kamjong BRTF road and Shangsak - Phungyar PWD road and are homestead lands occupied by the land owners. It was also stated that the acquired land is adjacent to the lands acquired for construction of office building of PWD and for such acquisition Govt. had paid Rs.82,895.35 paise for an area of 6480.29 sq. Metre which is equivalent to Rs.1,30,680 per acre.