VIVEK RUSIA,J. - (1.)The appellant filed the present appeal under section 54 of the Land Acquisition Act, 1894 against award dated 19.8.1999 by which the 2nd Additional District Judge, Mhow partly allowed the reference Case No.480/1994.
(2.)Facts of the case, in short, are that the appellant was owner of the land bearing Survey No.15/1 area 0.018 Hect, 17/1 area 0.130 Hect. and Survey No.18/1 area 0.101 Hect. Situated in village Umaria, Tehsil Mhow, District Indore. At the time of acquisition of the aforesaid lands, the said both the lands were irrigated lands with tubewell, trees and crops standing thereon. The Dy. Collector-cum-Land Acquisition Officer (LAO) registered the Case No.18A-82/87-88 under the provisions of Land Acquisition Act (hereinafter, for short, "the Act") for assessing the compensation in favour of the land owner. Vide award dated 10.1.1989, the LAO assessed the compensation for the irrigated land @ Rs. 67,500/- per Hect., Rs. 5,225/- for the loss of crops, Rs. 20,000/- under the head of diversion of land in two parts, Rs. 5,000-5,000/- for sight and potential value, Rs. 53,500 for the trees and Rs. 25,000/- for the tubewell. In total Rs. 75,700/- were demanded, but the LAO has granted only Rs. 9,990/-
(3.)Being dissatisfied with the amount of compensation, the appellant sought reference under section 18 of the Act. The Collector referred the dispute to the District Court for adjudication, which was registered as Land Acquisition Case No.480/1994 and transferred the case to the Court of Second Additional District Judge, Mhow, District Indore. Before the Reference Court, the appellant had claimed the compensation for the land @ Rs. 3,00,000/- per Hect. The appellant had produced 5 sale-deeds as Ex. P/1 to P/5 of the relevant period of the same village. The learned Reference Court vide award dated 14.9.1995 had assessed the compensation @ Rs. 95,000/- per Hect., Rs. 3,000/- for tubewell, Rs. 7,700/- for the trees, in total, Rs. 10,700/-.