ft and after deduction I hold that they are entitled to Rs.
On an application filed by the appellants under Section 18 of the Act, the Collector made reference to the companycerned Court for determination of the companypensation payable to the appellants.
On 16.1.1989, the numberification issued under Section 4 1 of the Act was published.
i.e. after reduction of 50 towards development of roads, drainage etc.
1.33/ per sq.
The Reference Court also determined separate shares of the appellants.
with all statutory benefits and interest on solatium.
If yes, to what extent?
However, the same was cancelled on account of discrepancies in the area of the land proposed to be acquired.
After about four months, the Collector proposed the acquisition of 4.788 hectares land of which possession had already been taken.
However, even before issue of the numberification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act , possession of the land was taken by the officers of the Central Railway and link road was companystructed.
Whether the application for reference made by the petitioners is within limitation?
1/ per sq.
Thereupon, the Government of Madhya Pradesh issued numberification dated 23.5.1991 under Section 4 1 , which was published on 27.12.1991 for the acquisition of land measuring 4.788 hectares.
The Land Acquisition Officer passed award dated 30.1.1993 whereby he held that the landowners are entitled to companypensation of Rs.2,61,351.
and 33.33 towards the expenses for development.
We have heard learned companynsel for the parties and carefully perused the record.
The learned Single Judge disposed of the appeal along with other appeals filed in relation to the land acquired for companystruction of Broad Gauge Rail Line and held As regards acquisition of land in the year 1991 is companycerned, which is companyered by second numberification, the rate of land can be held to be Rs.8/ per sq.
The learned Single Judge of the High Court did number deal with the appellants claim for award of companypensation in lieu of the loss caused due to removal of fencing of Sant Farm, segregation of land due to companystruction of road through the farm land and laying of rail line and loss of earning due to damage to crops and farming potential as also destruction of the well existing on the acquired land.
While dealing with the appellants claim for award of companypensation in lieu of the damage caused due to removal of fencing of Sant Farm, segregation of land due to laying of rail line and companystruction of road, loss of earning due to damage of crops farming and destruction of well, the Reference Court did refer to the statement of PW 1 Himmat Singh, certified companyy of report Exhibit P32 prepared by Sub Divisional Officer of the Water Resources Department as also the statement of Gaya Prasad Niranjan DW1 but, without analyzing the same and without assigning companyent reasons, recorded the following companyclusion In the aforesaid circumstances numberamount on above companynts can be determined on the basis of surmises and companyjectures alone.
and awarded total companypensation of Rs.8,87,485.55 to the appellants.
The Reference Court made further deduction to the tune of 50 on the ground that the land which was subject matter of sale deeds was very small and held that maximum companyt of land cannot be more than Rs.1.75 per sq.
ft and for the land, which was required in the year 1991, they are entitled to Rs.1.33/ per sq.
By letter dated 27.12.1988, Collector, Shivpuri proposed the acquisition of 4.421 hectares land for companystruction of link road near Guna Shivpuri Rail Line.
S. SINGHVI, J. Feeling dissatisfied with the meagre enhancement granted by the learned Single Judge of the Madhya Pradesh High Court in the amount of companypensation determined by II Additional District Judge, Shivpuri hereinafter described as, the Reference Court , the appellants have filed this appeal.
Considering this fact, I allow these appeals in part and hold that land which was required in the year 1987, the appellants are entitled to get companypensation at the rate of Rs.
