H.R. Khanna, J. - (1.) THIS is an appeal on certificate by Prithviraj Taneja (now deceased and represented by his legal representatives) against the judgment of the Madhya Pradesh High Court whereby the High Court partially accepted the appeal filed by the Appellant regarding the quantum of compensation for the acquisition of land.
(2.) A plot of land measuring 26 big has land 17 biswas situated in Ashok Nagar, district Guna, belonging to the Appellant was acquired for the construction of a police station and residential quarters for policemen. A bigha it is stated, is equivalent to 2,500 square yards. The land sought to be acquired measured 68,658 square yards. Notification under Section 4 of the Land Acquisition Act for the acquisition of the land was issued on April 7, 1961. The Land Acquisition Officer as per award dated June 13, 1961 awarded compensation for the land at the rate of Rs. 100 per bigha. In addition to that, he awarded a sum of Rs. 1175 for large trees and Rs. 1380 for small trees standing on the land. The Appellant was also awarded Rs. 1000 as compensation for a well which had been sunk in the land, and Rs. 800 for a house standing on the land, In all, the Appellant was awarded a sum of Rs. 7616 including solatium at the rate of fifteen percent by the Land Acquisition Officer. The Appellant wanted compensation for the land at the rate of Rs. 10 per square yard. He accordingly had the matter referred to the District Judge. Learned Additional District Judge determined the market value of the land in question to be Rs. 900 per bigha. Regarding the well, the Additional District Judge awarded compensation of Rs. 3000 as against the amount of Rs. 1000 which had been awarded by the Land Acquisition Officer. In other respects, the award of the Land Acquisition Officer was upheld. Computing, solatium the rate of 10 percent, the total amount awarded by District Judge to the Appellant was Rs. 32,285 besides interest at the rate of six percent per annum.
(3.) THE Appellant not being satisfied with the award of the Additional District Judge took the matter in appeal to the High Court The High Court awarded compensation to the Appellant at the rate of Rs. 1 per square yard for the land in question. The High Court also awarded Rs. 2500 for the loss of earnings to the Appellant. The rate of solatium for compulsory acquisition was increased by the High Court from ten percent to fifteen percent, In all, the Appellant was held entitled to a compensation of Rs. 88,381 besides interest at the rate of six percent per annum.;