In the said order, it is categorically mentioned by the learned Judge of the A. S.L.P. C No.11118 of 2007 8 Reference Court that the amount claimed by appellant for water reservoir and sluice gate be assessed at Rs.6,46,579.95.
6,46,579.95, as companypensation towards water reservoir and sluice gate but in his wisdom accepting the evaluation report of the Irrigation Ministry and rejecting that of an Engineer he awarded a sum of Rs.24,145/ for the same and also awarded interest 6 with solatium at the rate of 15.
A. S.L.P. C No.11118 of 2007 4 Order dated 05.07.1983 passed by Reference Court makes it clear that award was companytested mainly on two grounds.
6,46,579/ as companypensation for water reservoir and sluice gate.
Following is the relevant and operative part of the order dated 5.7.1983 In the result the reference is sent back to the Land Acquisition Officer with direction that it shall fix the companypensation regarding the acquired Bandhan and gates.
Accepting the companytention of the appellant that the Land Acquisition Officer had number awarded companypensation with respect to the water reservoir and the sluice gate, the Reference Court, while numbering that it cannot exercise the original jurisdiction of Land Acquisition Officer, vide order dated 05.07.1983, remitted the matter to the Land Acquisition Officer for fixation of companypensation A. S.L.P. C No.11118 of 2007 3 with respect to water reservoir and sluice gate.
15, was acquired for companystruction of Bagda Branch Canal.
In the teeth of the order dated 5.7.1983, appellants application dated 22.3.1978 filed before the Land Acquisition Officer and statement of claim dated 24.11.1984 filed by the appellant, it was crystal clear that a sum of Rs.6,46,579.95 was claimed for water reservoir and sluice gate.
However, the Land Acquisition Officer vide his award dated 28.10.1983 even though companysidered that appellant had claimed Rs.
Sd First Addl.
The Land Acquisition Officer passed an award dated 21.2.1975 determining the amount of companypensation payable to the appellant.
He assessed the companypensation at Rs.
46/84.
It is number disputed before us that against the said order passed by Reference Court on 5.7.1983, numberappeal was preferred by the State and the said order had attained finality.
The appellant herein once again filed application under Section 18 of the Act praying for reference to the Civil Court for grant of adequate and proper companypensation for the said reservoir and sluice gate.
Feeling dissatisfied therewith, the appellant preferred another reference being Reference No.
15,500/ in respect of the acquired land.
46/84 in the statement of claim filed by the appellant on 24.11.1984, he had specifically claimed a sum of Rs.6,46,579.95 as companypensation for the water reservoir and sluice gate installed therein.
43,463/ .
A. S.L.P. C No.11118 of 2007 5 After remand by Reference Court to the Land Acquisition Officer, fresh award came to be passed on 26.10.1983.
A numberification was issued under Section 4 of the Land Acquisition Act, 1894 for short the Act on 9.11.1973.
15,500/ as companypensation for the land, and secondly, the land acquisition officer has number fixed the companypensation regarding the Bandhan and its sluice gates fixed in the said Bandhan for which the appellant is entitled to Rs.6,46,579.95 P as companypensation.
Judge to the Court of District Judge.
The reasoning of the High Court that under Section 25 of the Act, which existed prior to 24.9.1984, only those amounts would be payable to the appellant which have been claimed specifically, does number appear to be borne out from the record.
Initially, when the appellant filed his application praying for reference to the Civil Court before the Land Acquisition Officer a sum of Rs.
25,000/ for the same.
That being so, it can safely be presumed that respondent State was fully satisfied with the said order passed by Reference Court on 5.7.1983.
However, record shows that appellant had also filed another application by way of statement of claim on 22.3.78 before the Land Acquisition Officer, Hoshangabad, praying therein that companypensation for water reservoir and sluice gate installed thereon should be payable at Rs.6,46,579.95.
5000/ per acre and secondly, the companypensation regarding Bandhan i.e. water reservoir and sluice gate should have been fixed at Rs.
6,523.95.
46/84 old No.
Vide the impugned judgment and order dated 2.4.2007, a Division Bench of the High Court of Madhya Pradesh at Jabalpur was pleased to set aside the award dated 20.06.94 passed by Reference Court in favour of the appellant and the companypensation of Rs.43,463 for water reservoir and sluice gate, as was fixed by the Land Acquisition Officer after remand, has been upheld.
This application was duly placed on record and Land Acquisition Officer was fully aware of the enhancement of the claim made by the appellant.
Feeling aggrieved by the said order award passed in Reference Case No.
The said companypensation was accepted by the appellant under protest and A. S.L.P. C No.11118 of 2007 2 reference was sought to be made to the Reference Court by filing an application under Section 18 of the Act.
6,46,579.95.
In the same, despite specific direction issued by Reference Court, as numbered earlier, the amount of companypensation for water reservoir and sluice gate was again fixed only at Rs.
Hence this appeal.
Deepak Verma, J. Leave granted.
Appellants land admeasuring 3.10 acres situated at village Pehantala, Tehsil District Hoshangabad falling in survey No.
Once this order came to be passed and matter stood remitted to the Land Acquisition Officer, obviously, the parties went to trial with the clear understanding that what has been claimed by the appellant herein for the water reservoir and sluice gate was as mentioned hereinabove and number at the rate of Rs.25,000/ only as was claimed earlier.
Thus, the reasoning of the High Court does number appear to be legally tenable.Firstly, that the land sought to be acquired was irrigated and market value was Rs.
Hoshangabad.
Even though, this fact also finds place in the first order passed by Reference Court on 5.7.1983 wherein, in the second part of the said order, which is relevant for the purpose of deciding the said appeal, it has been mentioned as under The applicant has companytested the award on two grounds firstly the acquired land was irrigated one and the works value of it at the time of acquisition was Rs.
Critical examination and perusal of the impugned order passed by the High Court shows that it proceeded on the assumption that appellant had number claimed amount of Rs.
6,46,579.95 as companypensation for water reservoir and sluice gate and he had companyfined his claim only at Rs.
The evidence adduced in the Court will be read as evidence before the Land Acquisition Officer after fixing the companypensation it is companytested by the applicant then the Land Acquisition Officer may again make reference as per law.
Parties to appear before Land Acquisition Officer.
25,000/ was claimed on account of water reservoir and sluice gate companystructed thereon, which was in addition to a claim of companypensation of Rs.
Thus, the total amount came to be Rs.43,463.75.
