2017 AIR CC 1793 (MP)

Madhya Pradesh High Court

Hon'ble Judge(s): J. P. Gupta , J

(A) Land Acquisition Act (1 of 1894) S. 18 (2)(a) — Reference — Filing of application within six weeks from date of award of Collector — Is not time barred.

(B) Land Acquisition Act (1 of 1894) S. 18 — Reference — Maintainability — Protest not expressly in writing — Submission of reference application impliedly showing protest in receiving compensation amount — Reference, maintainable. AIR 1992 SC 974, Distinguished. 1994 AIR SCW 2459 and 2004 (3) MPLJ 200, Relied on. (Paras 14, 15)

(C) Land Acquisition Act (1 of 1894) S. 18, 11 — Market value — Determination — Rate of market value awarded, lesser than rate shown — Cannot be said to be excessive. (Paras 16, 17)

(D) Land Acquisition Act (1 of 1894) S. 34, 28 — Interest — Entitlement — Claimant entitled to get interest on enhanced amount from date of taking possession of acquired land — Awarding interest from date of judgment, not proper — Direction to appellant to pay interest from date of possession. Civil P. C. (5 of 1908), O. 41, R. 3. AIR 1991 SC 656, Relied on. (Paras 18, 21)