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1995 Supreme(SC) 97

K.RAMASWAMY, M.N.VENKATACHALIAH
State Of M. P. – Appellant
Versus
Shantabhai – Respondent


Advocates:
B.S.BANTHIA, R.P.BHATT, S.K.AGNIHOTRI, S.K.Gambhir, VIVEK GAMBHIR

JUDGEMENT:-

ORDER

1. A notification under s.4(1) of the Land Acquisition Act, 1894, (for short, the Act) was published in the State gazette on September 6, 1974 acquiring 22 acres 63 decimals of the land situated in Village Rasoolpur of Devdas Distt. of M.P. for industrial purpose. The Land Acquisition Officer in his award dated June 1975 determined the market value at Rs. 1,500/per acre and given the compensation with statutory benefits. On reference, the Civil Court by its award and decree dated October 22, 1980 enhanced the compensation to Rs.4,900/- per acre which worked out to Rs. 1,08,000/- in all. At this stage it is relevant to mention that the respondent herself purchased the entire acquired land under registered sale deed dated September 4, 1974, just two days earlier to the date of publication of preliminary notification for a total sum of Rs.1,08,000/-. The respondent not being satisfied, carried the matter in appeal to the High Court under s.54 of the Act. The High Court, by its impugned judgment in Transfer Appeal No.323/82 dated November 1, 1983, enhanced the compensation to Rs. 10,000/per acre. In other words, the High Court awarded a total compensation of Rs.2,27,000



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