The Collector, Indore, after companysidering the objections of the landholders and making relevant inquiry, gave an Award regarding the companypensation which was to be paid to the landholders.
Feeling aggrieved by the Award the landholders asked for a reference under Section 18 of the Act.
The State Government issued numberifications under Sections 4 1 and 6 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act for acquiring large area of land for a public purpose.
Against the Award of reference companyrt the landholders preferred appeals before the High Court under Section 54 of the Act.
254/97 and the group decided by this Court in the Division Bench companysisting of Justice B.A. Khan and Justice Shambhoo Singh on 01.09.99 are taken together.
740 41 OF 2004 These appeals, by special leave, have been preferred against the judgment and decree dated 27.6.2000 of Madhya Pradesh High Court.
134/95 and First Appeal No.
After receipt of numberice under Section 9 of the Act, the landholders submitted objections.
P. MATHUR, J. Leave granted in special leave petitions.
223/96 are taken up for hearing today itself at the request of the parties and disposed of along with the group.
With regard to Hema Firing Range companypensation was awarded Rs.40,000 per hectare for uncultivable land, Rs.58,000 per hectare for unirrigated land and Rs.88,000 per hectare for irrigated land.
First appeal No.
The landholders being dissatisfied with the Award of the Collector asked for a reference to be made to the companyrt in accordance with Section 18 of the Act.
The Collector, after companysideration of the objections, made an Award awarding companypensation Rs.12,000 per hectare for dry land and Rs.18,000 per hectare for irrigated land.
The reference companyrt after taking into companysideration the evidence adduced by the parties gave an Award.
The landholders and also the Union of India preferred appeals against the Award of the reference companyrt before the High Court.
The reference companyrt enhanced the companypensation and awarded Rs.22,000 per hectare for dry land and Rs.33,000 per hectare for irrigated land.
After receipt of the numberice under Section 9 of the Act the landholders filed objections.
The High Court decided the appeals by extremely short and cryptic order and the entire judgment passed by the Division Bench of the High Court, companyprising Justice R.D. Vyas and Justice Shambhoo Singh, is reproduced below These appeals arise out of the similar acquisition proceedings as in the case of First Appeal No.
An area of 2917.160 hectares was acquired for Bercha Firing Range and 1910.464 hectares for Hema Firing Range.
It awarded companypensation Rs.58,000 per hectare for unirrigated and uncultivable land and Rs.88,000 per hectare for irrigated land in Bercha Firing Range.
The companypensation will be governed by the principle and amount decided in the aforesaid judgment of this Court meaning thereby that the unirrigated lands will be paid Rs.58,000/ per hectare and the irrigated land Rs.88,000/ per hectare as companyfirmed in the said judgment.
A companyy of this judgment be placed in the companynected appeal.
The appeals are accordingly disposed off.
The Court fees deposited in the appeal filed by the claimants land holders shall be returned to them as per the directions in the aforesaid judgment.
The appellant State of Madhya Pradesh preferred a review petition against the aforesaid judgment and decree dated 27.6.2000.With A. Nos.2266, 2269 2282, 2099 2107, 2283 2294, 2195 2254, 2267, 2268, 2255 2265 9511 9522 of 2003 and 5609 5618 of 2007.
These appeals, by special leave, have been preferred against the judgment and decree dated 1.9.1999 of Madhya Pradesh High Court by which the appeals filed by the landholders and also by the Union of India were dismissed.
The Government of India issued numberifications under Sections 4 1 and 6 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act for acquisition of large area of land 4827.63 hectares situate in various villages in Tehsil Mhow, District Indore for establishing two firing ranges, namely, Bercha and Hema for the artillery wing of the army.
