Dissatisfied with the Collectors award, the appellants made an application under s. 18 of the Act for reference to the District Court for enhancement of the companypensation.
The High Court accepted the appeal, set aside the award of the Additional District Judge and restored that of the Collector.
In this way, after adding solatium, he awarded to the appellants, herein, a total amount of Rs.80,850/ together with interest at the rate of 6.
The oral evidence of Dadu Yogendra Nath Singh with regard to the fact that the adjoining land had been laid out into plots for building purposes, receives full companyrobo ration from unimpeachable documentary evidence on record, which shows that the appellants had 1 1967 1 S.C.R 489.
It is stressed that numberappeal was filed by the State as such, and companysequently, the incompetent appeal fired by the Collector should have been dismissed summarily on this preliminary ground without entering upon the merits.
From the Judgment and Order dated 4th May, 1968 of the Madhya Pradesh High Court in First Appeal No.
Dadu Yogendra Nath Singh, appellant, testified in the witnessstand that apart from the office and the quarters of the Forest Department, there were other buildings also, near this land.
On November 4, 1963, a numberification under s. 4 read with Sub s. 1 of s. 17 of the Land Acquisition Act, 1894 to be hereinafter referred to as the Act was published in the Government Gazette stating that this land was needed by the State Government for imple mentation of Seoni Water Supply Scheme.
The appellant further stated that he intended to parcel out this land into plots and sell the same as building sites and that was why for the adjacent land, he had obtained for that purpose, the permission of the Government by depositing diversion charges at the rate of Rs.500/ per acre.
The Additional District Judge, Seoni, who heard the reference, enhanced the companypensation to Rs.11,000/ per acre.
He added that negotiations for the sale of two plots had already been companypleted at the rate of 12 annas per foot.
The land in question is within the Municipal limits of Seoni.
The Municipal Octroi Post was adjacent to this land.
Against that judgment, dated May 2, 1967, of the Additional District Judge, an appeal was preferred by the Collector, to the High Court.
47/1 in the area of village Manglipeth District Seoni, Madhya Pradesh.
In response to that numberice, the appellants filed a claim that they were willing to accept companypensation in respect of this land at the rate of Rs.1500/ per acre, as the lands adjoining this land and situated in a lesser advantageous position are sold at this rate.
The declaration under s. 6 of the Act was published on December 18, 1963, and numberices under s. 9 of the Act were issued by the Collec tor on December 28, 1963.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The first companytention of Shri M.S. Gupta, appearing for the appellants, is that the appeal flied in the High Court against the award of the Additional District Judge was number an appeal in the eye of law inasmuch as the Collector, who flied it, was number companypetent to do so.
The Judgment of the Court was delivered by SARKARIA, J. This appeal on certificate is directed against a judgment, dated May 4, 1968, of the High Court of Madhya Pradesh.
At a short distance was the bungalow of Shri Bhargava, Barrister.
88/67.
S. Gupta for the Appellants Ram Panjwani and H.S. Parihar for Respondent.
2128 of 1969.
It arises out of these facts The appellants were owners of 7.35 acres of land being a part of Khasra No.
He also cited other instances of sales of land in the vicinity at rates ranging from 4 annas per foot to 6 annas per foot.
The Collector made his award on August 17, 1964, whereby he awarded companypensation for this land at the rate of Rs.450/ per acre.
The total amount awarded for this piece of land after adding solatium at the rate of 15, was Rs.2,904/ .
The witness further admitted that the land in dispute abutts on Seoni Chhindwara Road.
The Collector accordingly made a reference.
He also awarded inter est at the rate of 4 from September 19, 1964, on which date, the Collector had taken over possession of the land.
