- (1.) This appeal on certificate is directed against a judgment, dated May 4, 1968 of the High Court of Madhya Pradesh. It arises out of these facts: The appellants were owners of 7.35 acres of land being a part of Khasra No. 47/1 in the area of village Manglipeth, District Seoni, Madhya Pradesh. On November 4, 1963, a notification under Section 4 read with Section (1) of Section 17 of the Land Acquisition Act, 1894 (to be hereinafter referred to as the Act) was published in the Government Gazette stating that this land was needed by the State Govt. for implementation of Seoni Water Supply scheme. The declaration under S. 6 of the Act was published on December 18, 1963, and notices under Section 9 of the Act were issued by the Collector on 28-12-1963. In response to that notice, the appellants filed a claim that they were willing to accept compensation in respect of this land at the rate of Rs. 1500/- per acre, "as the lands adjoining this land and situated in a lesser advantageous position are sold at this rate." The Collector made his award on August 17, 1964, whereby he awarded compensation for this land at the rate of Rs. 450/- per acre. The total amount awarded for this piece of land after adding solarium at the rate of 15% was Rupees 3,804/-. He also awarded interest at the rate of 4% from September 19, 1964, on which date, the Collector had taken over possession of the land.
(2.) Dissatisfied with the Collector's award, the appellants made an application under section 18 of the Act for reference to the District Court for enhancement of the compensation. The Collector accordingly made a reference. The additional District Judge, Seoni, who heard the reference, enhanced the compensation to Rs. 11,000/- per acre. In this way after adding solatium, he awarded to the appellants, herein, a total amount of Rs. 80,850/- together with interest at the rate of 6%.
(3.) Against that judgment, D/- 2-5-1967, of the Additional District Judge, an appeal was preferred by the Collector, to the High Court. The High Court accepted the appeal, set aside the award of the Additional District Judge and restored that of the Collector. The High Court however, granted a certificate under Articile 133 of the Constitution.;