RAJENDRA MENON, J. - (1.)CHALLENGE in this first appeal under Section 96 of the Code of Civil Procedure is made to a judgment and decree dated 22.10.2003 passed by the First Additional District Judge, Sidhi for Civil Suit No.15A/2003.
(2.)INTER -alia contending that the land of the appellant has been taken over by the State Government for construction of a canal and compensation/ award for acquisition of the land has not been granted, the suit in question was filed before the trial court on 9.4.2002 i.e. after a period of more than 18 years of the so called acquisition and as the suit has been dismissed on various counts, this appeal has been filed.
Plaintiff claimed to be recorded owners of various lands indicated in Para-2 of the memorandum of appeal measuring 6.81 acres situated in village-Majhigawan Tehsil-Rampur, Naikin District- Sidhi. According to the appellants, in the year 1983 i.e. sometimes in July, 1983, they received a notice under Section 9 of the Land Acquisition Act, 1894 from the Land Acquisition Officer and their father was directed to appear before the Land Acquisition Officer on 7.7.1983. When he appeared, the appellants' father was told that when acquisition proceedings take place and the canal is being constructed, adequate compensation shall be granted and thereafter, it is alleged that on 15.1.1984, Respondent Nos.1 and 2 entered into the land of the appellants and started digging for construction of a canal, which continued for a view days and, thereafter, nothing was done, neither any compensation was given nor any award passed, but the canal was constructed one kilometer away from the appellants' land.

(3.)THE appellants continued to make efforts for grant of compensation due to construction of a canal in their land, and the project continued from the year 1984 till the year 1994 but ultimately a canal was constructed 1km. away from the disputed land.