Madhya Pradesh High Court
Ujjain Development Authoriy vs Tarachandra S/O Siddhuji Dead Through ... on 25 April, 2018
1 F.A.No.626/2018
(Ujjain Vikas Pradhikaran Vs. Tarachand (decd.) through LRs and
others)
Indore : Dated 25.4.2018
Shri D.C.Kasaniya, learned counsel for the appellant.
Shri Nilesh Agrawal, learned counsel for the respondents No.1
to 3.
Ms. Bharti Lakkad, learned Govt.Advocate for the respondent
No.4/State.
This appeal by the Ujjain Development Authority is directed
against the order of the reference Court dated 21.12.2017.
Facts relevant for disposal of the appeal in nut shell to the
effect that earlier appellant had preferred first appeal before this Court vide F.A.No.225/2000 against the order passed by the reference Court in Case No.57/1997. The claimants had preferred cross-appeals for enhancement of compensation. The co-ordinate Bench had dismissed the appeals filed by the Ujjain Development Authority and allowed the appeals filed by the claimants. As a consequence award dated 24.11.1999 was set aside and the case was remanded to the reference Court for deciding the quantum of compensation in the light of the judgment of Hon'ble Supreme Court reported in AIR 1996 SC 2777 (Ujjain Development Authority Vs. Tarachand and others).
The reference Court has passed the impugned award on 21.12.2017.
Learned counsel for the appellant though tried to assail the award contending that the Court has not properly appreciated evidence on record while fixing the quantum of compensation, but looking to the detailed analysis of the fact as contained in para 12, 13 and 14, this Court is of the view that coordinate Bench of this Court has followed the principles as laid down by the Hon'ble Supreme Court in the case of Tarachand (supra) and passed the order dated 24.7.2017. The order as such is impeccable in nature, 2 F.A.No.626/2018 (Ujjain Vikas Pradhikaran Vs. Tarachand (decd.) through LRs and others) hence no interference is warranted in this appeal under Section 54 of Land Acquisition Act. The appeal sans merits, hereby dismissed. No order as to costs.
(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2018.04.26 10:34:21 +05'30'