M P HOUSING BOARD Vs. NEERA KAPOOR

JUDGEMENT

(1.) IN this appeal preferred under Section 54 of the Land Acquisition Act, 1894, (for brevity 'the Act') the appellant, M. P. Housing Board, Rewa, through its Executive Engineer, has called in question the acceptability and penetrability of the award passed by the Reference Court on 3-1-1993 in land acquisition case No. 67/91.

(2.) FOR the purpose of construction of the houses of the M. P. Housing Board (in short 'the Board') a notification under Section 4 (1) read with Section 17 (1) of the Act was issued on 1-7-1983 for 6. 07 hectares of land situated at Dhekaha in Khasra No. 250. A notification under Section 6 of the Act was issued on 12-8-1993. In pursuance of the notification advance possession was taken on 15-2-1996. On receipt of the due notice the land owners putforth their claim and award was passed by Land Acquisition Officer on 7-8-1996 and he determined the valuation at the rate of Rs. 36,400/- per acre. A sum of Rs. 6,82,924/- was awarded by the Land Acquisition Officer which was received by the respondent Nos. 1 to 8 under protest on 12-9-1986. An application under Section 18 of the Act was filed for referring the matter to the Civil Court, and accordingly the concerned authority referred the matter which was dealt with by the learned Third Additional District Judge. It is pertinent to state here that total award for Rs. 9,11,938/- and in the reference application a claim of Rs. 15 per square foot was advanced on many grounds, namely, the area close to the Highway; the potential value of the lands has not been considered; the Board itself has allotted the land at the rate of Rs. 23 per sq. ft. and there are properties on certain land which has not been taken note of.

(3.) BEFORE the Reference Court the land owners examined four witnesses and on behalf of the Board one witness was examined. That apart, the land owners brought certain sale deeds on record which were prior to the notification and some were after issue of notification. It was contended before the Reference Court that the market value has not been properly determined and it required enhancement. It was also contended that principles which are settled for determination of the market value has been totally ignored and brushed aside by the Land Acquisition Officer.