UNION OF INDIA Vs. RAMCHANDRA

JUDGEMENT

(1.) Since a common question is involved in these first appeals and, therefore, they are heard together and are being disposed of by a common order. For convenience, we narrate the facts from

(2.) First Appeal No.553/2001 has been filed by the Railway against the judgment and award dated 31.07.2001 passed by First Additional District Judge, Shajapur in Land Acquisition Case No.5 of 1994, by which learned Reference Court awarded compensation at the rate of Rs.40/- per square feet to respondent No.22 M/s Sagar Maize Products Pvt. Ltd. over an area of 26,325 square feet and for rest of area i.e. 1,93,077 square feet which was not acquired but not fit for industrial use to the said Company and, therefore, award Rs.77,23,080/- at the rate of Rs.40/- per square feet for the aforesaid land. The reference Court also awarded Rs.14,34,300/- towards cost of construction made over the land apart from Rs.26,32,824/- and interest at the rate of 12% from the date of issuance of notification dated 9.3.1990 till the date of award dated 2.6.1992 (for 27 months) amounting to Rs.23,69,541/-. Rest of the land owners were awarded compensation at the rate of Rs.75,000/- per hectare in respect of land which is situated in village Maksi and Rs.60,000/- per hectare in respect of land situated in village Jhokar of Tehsil and District Shajapur (M.P.).

(3.) First Appeal No.553 of 2001 has been filed by the Union of India and Rest of the first appeals are filed by the land owners of village Maksi Jhokar for enhancement of their compensation.