1 F.A. No. 70/1996 HIGH COURT OF MADHYA PRADESH: JABALPUR SINGLE BENCH: HON. SHRI JUSTICE A.K. SHRIVASTAVA FIRST APPEAL NO. 70/1996 ......... Appellant : State of Madhya Pradesh through Collector, Khandwa (M.P.) Versus ........ Respondents : 1. Gangadhar Rao Mandloi (since dead) through LRs (i) Smt Geeta Mandloi, W/o Late Gangadhar Rao, (ii) Major Vishwas, S/o Late Gangadhar Rao, (iii) Shri Vivek, S/o Late Gangadhar Rao, All residents of M-145/146, Parijad Apartment, Khatiwala Tank, Indore, (M.P.) 2. Vidyadhar Rao Mandloi, son of Shri Dinkar, r/o Nepanagar, Tahsil Burhanpur, District East Nimar. 3. Rajendra Rao Mandloi, son of Shri Dinkar, r/o Horiganj, Khandwa, Tahsil & District East Nimar. 4. Smt. Vijya P. Dhare Khan, d/o Shri Dinkar Rao Mandloi and w/o Shri Prem Nath Mandloi, r/o Village Bungla Babul Society, Race Course, Baroda, Gujarat 2 F.A. No. 70/1996 5. Central Ware Housing Corporation of India, Khandwa (M.P.) ................................................................................................ Appellant - Shri Ashok Chaurasiya, Government Advocate Respondents - None ............................................................................................... 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”). 2. The learned Court below while deciding the reference under Section 18 of the Act has enhanced the total award from Rs. 10,000/- per acre to Rs. 20,000/- per acre. 3. The land of respondents was obtained for the project Central Ware Housing Corporation. In total 2.44 acres of land was acquired. Notification under Section 4(1) of the Act was issued on 30.01.1978. Thereafter, a Notification under Section 6 of the Act was issued on 24.03.1978. The possession of the land was obtained on 25.04.1978. The Collector on 06.10.1980 passed the award of Rs 10,000/- per acre. The respondents submitted application to refer the matter to the Court. In this manner, the matter was 3 F.A. No. 70/1996 adjudicated by the Court below by passing the impugned award. 4. Hence, this appeal has been filed under Section 54 of the Act. 5. I have heard Shri Ashok Chourasiya, learned Government Advocate for the appellant/State. 6. In the present case, the possession of the land was obtained on 25.04.1978. The respondents have been examined in the Court below and have submitted the documents in respect to the valuation of the land which has been acquired. 115 sale deeds were filed before the Land Acquisition Officer of that village and vicinity showing the valuation of the land to be Rs. 2/- per sq.ft. 7. The valuation of the land is accordingly assessed on the date of acquiring possession to be Rs. 20,000/- per acre. The respondents are entitled for interest @12% per annum from the date of obtaining the possession and the amount of solatium Rs. 14,646/-. Thus, after deducting the amount of Rs. 32,069/- paid to the respondents earlier to passing of the award and the balance amount of 4 F.A. No. 70/1996 Rs.48,532/- was directed to be paid by the court below to the respondents. 8. On bare perusal of the finding given by the learned court below in para 10 onwards while deciding issues 6, 7 and 8 which pertains to what was the valuation of land at the relevant point of time and what should be the adequate compensation. It has come in the evidence of the witnesses that nearby the acquired land there are two Banks namely Bank of India and Bhoomi Vikas Bank, apart from the office of M.P. Electricity Board, Superintendent Post Office, Anand Nagar Post Office, Vidya Nagar Post Office, N.C.C. Office, B.T. College, Polytechnic College, I.T.I. Institution. Apart from this, there are several colonies nearby the land which has been acquired and they are Adarsh Nagar, Bedekar Colony, Vidya Nagar, Subhash Nagar, Postal Colony and Railway Colony. There is a Hotel namely Grand Hotel nearby the land acquired which was built in 1962. In para 12, the learned Court below further found that at a distance of 3 kms. there is a Railway Station. Thus, I am of the view that the learned Court below did not commit any error in enhancing the award. 5 F.A. No. 70/1996 9. This appeal is found to be bereft of substance and the same is hereby dismissed with costs. Counsel fee Rs.5000/- if pre-certified. {A.K. Shrivastava} Judge rao 6 F.A. No. 70/1996 First Appeal No. 70/1996 05.05.2011 Shri Ashok Chourasiya, learned Government Advocate for the appellant/State. None for respondents. He is heard. Judgment dictated. Signed and dated separately. (A.K. SHRIVASTAVA) JUDGE rao 7 F.A. No. 70/1996