HIRALAL AND ORS. Vs. STATE OF M.P.
LAWS(MPH)-2015-1-154
HIGH COURT OF MADHYA PRADESH
Decided on January 12,2015

Hiralal And Ors. Appellant
VERSUS
STATE OF M.P. Respondents


Referred Judgements :-

MUMTAZALI V. COLLECTOR,SEHORE [REFERRED TO]
PRABHAKAR RAGHUNATH PATIL V. STATE OF MAHARASHTRA [REFERRED TO]
LAND AQUISITION OFFICER AND MANDAL REVENUE OFFICER VS. NARASAIAH [REFERRED TO]
LARSEN AND TOUBRO LTD VS. FERTILIZER AND CHEMICALS TRAVANCORE LTD [REFERRED TO]
STATE OF MADHYA PRADESH VS. KASHIRAM [REFERRED TO]
ANJANI MOLU DESSAI VS. STATE OF GOA [REFERRED TO]
MEHRAWAL KHEWAJI TRUST REGD FARIDKOT VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

D.K. Paliwal, J. - (1.)ALL these appeals under section 54 of the Land Acquisition Act (for short "the Act) are arising out of common land acquisition proceedings in which land of Village -Sukhaliya, Bhavrasala, and Kumedi has been acquired for the construction of road by Indore Development Authority (in short "I.D.A.") for its scheme No. 139 (M.R. 10). vide notification issued under Section 4 (1) of M.P. Land Acquisition Act, 1984 (in short the "Act") on 11/10/2002.
(2.)FOR the sake of convenience, in respect of land situated at village Sukhalia the facts of F.A. No. 901/2008 (Hiralal S/o Bherulal Choudhary (dead) through legal representatives v. State of M.P.) filed by the land owner are borrowed.
Briefly stated the facts are that State Government exercising its powers under section 4(1) of the Act issued a notification which came to be published on official gazette on 11/10/2002 identifying the land ad -measuring 2.411 hectare of survey No. 357/4, 358, 351, 361/1, 366/3 for acquisition for the purpose of major road under scheme No. 139 of the I.D.A. The Land Acquisition Officer (in short "L.A.O.") passed an award dated 23/11/2004. Learned L.A.O. has assessed the market value @ Rs. 4,50,000/ - per hectare for irrigated land and Rs. 3,00,000/ - per hectare for un -irrigated land situated at village Sukhalia. L.A.O. also awarded solatium of Rs. 3,25,485/ - under Section 23 (2) of the Act and Rs. 82,634/ - @ 12% interest under Section 23 (1) -a -a of the Act and also Rs. 72,061/ - @ 15% interest, total Rs. 15,99,797/ -.

(3.)BEING aggrieved by the aforesaid award deceased/Hiralal filed an application under Section 18 of the Act. The land owner stated that they claimed market value @ Rs. 22,00,000/ - per acre because the land falls under the Municipal Corporation Limit, Indore, housing colonies, industries, hospital, school, dharamshala etc. are also situated near the acquired land. Land owner also claimed that they were growing vegetables and were earning Rs. 35,000/ - to Rs. 40,000/ - per acre but no compensation has been given. They claimed the market value of the acquired land @ Rs. 54,34,000/ -per hectare but the learned Reference Court has awarded compensation at the rate of Rs. 25,00,000/ - per hectare for irrigated land. Being dis -satisfied this appeal has been filed.


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