THE STATE OF MANIPUR AND ORS. Vs. S. TIKEN SINGH AND ORS.

JUDGEMENT

(1.) THE order dated 25.4.2011 passed by the learned District Judge, Manipur East in O.S. (L.A.) Case No. 1 of 2009 has given raise to these two appeals. MFA No. 1 of 2014 has been filed by the State of Manipur represented by the Under Secretary (Revenue), Govt. of Manipur and the Under Secretary (Higher & Technical Education), Govt. of Manipur; whereas MFA No. 2 of 2014 has been filed by the Deputy Commissioner/Collector, Land Acquisition, Imphal West District, Manipur.

(2.) THE brief facts leading to a reference under section 18 of the Land Acquisition Act, 1984 (herein -after called the Act) are that the State Government of Manipur initiated a proceeding for acquisition of land measuring 54.1054 hectares in Revenue Village No. 91(A), Lamphelpat and Village No. 91 -Meitei Langol for the purpose of establishing National Institute of Technology (NIT). In the proposed acquisition, the lands belonging to the respondents in both the appeals were also included. The Collector, Land Acquisition made an award on 7.6.2008. In paragraph -5 of the award, the market value was fixed at Rs. 30.47 per sq.ft. for Ingkhol class/homestead land and Rs. 7.55 per sq.ft. for agricultural land. Since the acquisition was of compulsory nature, solatium of 30% and additional charge of 12% were also granted in addition to the market value of the land. The compensation in respect of the buildings was to be awarded at a later date. Not being satisfied with the market value fixed in the award passed by the Collector, Land Acquisition, the respondents filed an application under section 18 of the Act for a reference to the Court to consider their claim for higher compensation.

(3.) MR . N. Umakanta Singh, learned counsel appearing for the respondents in both the appeals submitted that so far as the respondents are concerned they were owners and in possession of the homestead lands which had been acquired under the notification. The lands belonging to the respondents which were acquired under the notification are located within the Municipal area of Imphal and therefore, fixation of market value at Rs. 30.47 per sq.ft. by the Collector, Land Acquisition was without any basis. According to the learned counsel for the respondents for fixation of land within the Imphal Municipal area, the State had fixed compensation @ Rs. 500/ - per sq.ft. but the learned District Judge awarded only Rs. 140/ - per sq.ft. It is, therefore, contended on behalf of the respondents that there is no justification for this Court to interfere with the value of the land fixed by the learned District Judge in the impugned order.