G.S.SINGHVI, SHIVA KIRTI SINGH, C.NAGAPPAN
Himmat Singh – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
G.S. SINGHVI, J.
1. Feeling dissatisfied with the meagre enhancement granted by the learned Single Judge of the Madhya Pradesh High Court in the amount of compensation determined by II Additional District Judge, Shivpuri (hereinafter described as, ‘the Reference Court’), the appellants have filed this appeal.
2. By notification dated 28.5.1987 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’), which was published on 12.6.1987, the Government of Madhya Pradesh acquired the appellants’ land measuring 3.627 hectares comprised in Survey Nos.2, 10, 20, 22, 46, 48 and 166 of Village Jagatpur, Tehsil Kolaras, District Shivpuri for construction of Broad Gauge Rail Line by the Central Railway. Another parcel of land measuring 0.951 hectares comprised in Survey No.18, of which the appellants were the occupancy tenants, was also acquired by the same notification. The possession of the acquired land was taken on 30.11.1987. The Land Acquisition Officer passed an award dated 26.8.1989 and held that for the land measuring 3.627 hectares, the appellants are ent
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