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1996 Supreme(SC) 1203

G.B.PATTANAIK, K.RAMASWAMY
State Of M. P. – Appellant
Versus
Harishankar Goel – Respondent


ORDER

These appeals arise from the judgment of the High Court of Madhya Pradesh. On a difference of opinion among two learned Judges, third Judge on reference in Miscellaneous Appeal No. 82/75 and 83/75 enhanced the compensation. The notification under Section 4(1) of the Land Acquisition Act 1 of 1984 was published on January 17, 1964 acquiring 33 bighas 15 biswas of land belonging to two different individuals for industrial purpose. The Land Acquisition Officer by his award under Section 11 determined compensation on March 14, 1966 at Rs.3,150/-per bigha treating the lands to be agricultural lands. On reference under Section 18 the Additional District Judge by his award and decree dated May 15 1975 enhanced the compensation to Re. 1/- per sq, ft. and also awarded statutory benefits. On appeal, learned Judge B.C. Verma, J. determined compensation at 0.90/- per sq. ft. deducted 15% towards developmental charges. Learned Judge R.C. Srivastava, J. determined the compensation at Rs. 0:50 per sq. ft. and deducted 25% towards developmental charges. On reference, learned Judge T.N. Singh, J. agreed with the determination of compensation B.C. Verma, J. at Rs. 0.90 per sq. ft. but deducted










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