G.S.SINGHVI, J. - (1.) FEELING dissatisfied with the meagre enhancement granted by the learned Single Judge of the Madhya Pradesh High Court in the amount of compensation determined by II Additional District Judge, Shivpuri (hereinafter described as, 'the Reference Court'), the appellants have filed this appeal.
(2.) BY letter dated 27.12.1988, Collector, Shivpuri proposed the acquisition of 4.421 hectares land for construction of link road near Guna -Shivpuri Rail Line. However, even before issue of the notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), possession of the land was taken by the officers of the Central Railway and link road was constructed. On 16.1.1989, the notification issued under Section 4(1) of the Act was published. However, the same was cancelled on account of discrepancies in the area of the land proposed to be acquired. After about four months, the Collector proposed the acquisition of 4.788 hectares land of which possession had already been taken.
(3.) THEREUPON , the Government of Madhya Pradesh issued notification dated 23.5.1991 under Section 4(1), which was published on 27.12.1991 for the acquisition of land measuring 4.788 hectares. The Land Acquisition Officer passed award dated 30.1.1993 whereby he held that the landowners are entitled to compensation of Rs.2,61,351.;