1 F.A. No. 183/1999 HIGH COURT OF MADHYA PRADESH: JABALPUR SINGLE BENCH: HON. SHRI JUSTICE A.K. SHRIVASTAVA FIRST APPEAL NO. 183/1999 ......... Appellants : 1. The State of Madhya Pradesh through Land Acquisition Officer, Indira Sagar Pariyojana, Khandwa (M.P.) 2. The Collector, East Nimar, Khandwa (M.P.) Versus ........ Respondent : Mangal Singh, son of Ram Singh, aged 35 years, occupation Cultivation, By Caste Bhilala Adivsai, resident of Village Delgaon Tahsil Khandwa, District East Nimar. ................................................................................................ Appellants - Shri Yadvendra Dwivedi, learned Panel Lawyer. Respondent - Shri Sameer Seth, Advocate. ............................................................................................... J U D G M E N T (05/05/2011) 1. This first appeal has been filed under Section 54 of the Land Acquisition Act, 1894 (in short “the Act”) by the State of M.P. feeling aggrieved by the award dated 28.7.1998 passed by the Reference Court. 2 F.A. No. 183/1999 2. The Land Acquisition Officer awarded compensation of 16,65,256/- to 18 agriculturists including the present respondent. An application under Section 18 of the Act was submitted by the respondent in the Reference Court and the amount of compensation has been enhanced by the impugned award. 3. In this manner, this appeal has been filed by the State of M.P. 4. The Reference Court while framing issues from para 10 onwards on the basis of the sale deed and other materials placed on record rightly arrived at a conclusion that for the area 0.50 hectares which has been awarded, the respondent is entitled to receive compensation at the rate of Rs.75,000/- per hectare and accordingly compensation of Rs.37,500/- has been fixed. The Reference Court further came to hold that there is a pacca well in the field of the respondent which is having depth of 18 ft. and it is 33 ft. wide. The market value of the well was assessed to be Rs.30,000/- although the respondent assessed its market value to be Rs.60,000/- to Rs.70,000/-. Hence, the learned Reference Court has rightly passed the award amounting to 3 F.A. No. 183/1999 Rs.67,500/- and accordingly rightly come to the conclusion that respondent is entitled for 30% of the solatium which comes to Rs.20,250/- and interest @ 12% p.a. from the date of acquisition. 6. No illegality or perversity has been pointed out in the impugned judgment. Indeed, the finding is arrived at after correct appreciation of oral and documentary evidence. 7. Hence, this appeal is hereby dismissed with costs. Counsel fee Rs. 2000/- if pre-certified. {A.K. Shrivastava} Judge rao 4 F.A. No. 183/1999 First Appeal No. 183/1999 05.05.2011 Shri Yadvendra Dwivedi, learned Panel Lawyer for the appellants. Shri Sameer Seth, learned counsel for the respondent. They are heard. Judgment dictated. Signed and dated separately. (A.K. SHRIVASTAVA) JUDGE rao 5 F.A. No. 183/1999