Order
13/02/2026
1. The present civil miscellaneous appeal under Section 54 of
the Land Acquisition Act, 1894 has been filed challenging the
judgment and decree dated 09.03.2004 passed by the District
Judge, Pratapgarh, in Civil Reference Case No. 85/2002 (Usman
Khan vs. Aditya Cement), whereby the claim for enhancement of
the compensation was allowed.
2. The brief facts of the case are that the land in question
comprised in Khasra Nos.2322 & 2323 of Village Sawa, District
Chhitorgarh, ad-measuring 0.18 hectare and 0.13 hectare,
respectively. The land was already in the names of Tulsi Ram, Baje
Ram & Purbia Gadri, each having separate portions. Subsequently,
a notification under Section 4 of the Act of 1894 was issued on
19.01.1993 for acquisition of land for the purpose of utilization by
the appellant. Post enquiry, a notification under Section 6 of the
Act of 1894 was issued on 17.01.1994. Thereafter, when notices
(Uploaded on 17/02/2026 at 03:28:54 PM)
[2026:RJ-JD:8433] (2 of 7) [CMA-591/2004]
were issued, the respondent appeared before the Land Acquisition
Officer and informed that he had purchased the land by way of a
sale deed dated 30.09.1993. On the application of the
respondents, Usman Khan was substituted in place of Khatedars,
and the possession of the land in question was taken from the
respondent No.1 on 09.05.1997. The Land Acquisition Officer
proceeded to pass the award on 13.07.1995, wherein the
compensation for the land in question was paid while calculating
the value of land at the rate of Rs.1,388/- per acre, and the total
compensation of Rs.50,345/- was directed to be paid to the
respondent.
