FIDA HUSSAIN Vs. MORADABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This batch of appeals is directed against the separate orders passed by the High Court of Allahabad in Regular First Appeals filed by land owners for enhancement of compensation awarded by the Reference Court for the lands acquired under the Land Acquisition Act, 1894, [hereinafter referred to as 'the Act'] in the villages of Harthala and Mukkarrabpur. There are in all 30 appeals before us, out of which, 23 are in relation to the village of Harthala and 7 in relation to the village of Mukkarrabpur.

(2.) In view of the orders we propose to pass in all these appeals, we deem it unnecessary to state the facts giving rise to the present appeals in greater details and a brief reference thereto would suffice to appreciate the controversy.

(3.) Lands in Village of Harthala:- There are twenty three appeals relating to this village. Under Section 4 read with Section 17 of the Act, Notification dated 20.09.1990 was issued and published by the State Government for the acquisition of the lands of the appellants. Subsequently, a declaration dated 10.06.1991 was published in the Gazette, under Section 6 of the Act. The lands acquired were taken physical possession by the State Government. In accordance with Section 11 of the Act, the Land Acquisition Officer [hereinafter referred to as 'the LAO'] assessed the market value of the acquired lands at 80 per sq. meter vide order dated 18.09.1993 as compensation. Dissatisfied with the award of the LAO, the land owners filed objections, inter-alia claiming that the market value of the acquired lands is '1000 per sq. meter, due to the proximity of the lands to the city of Moradabad. After scrutinizing the evidence on record, the Reference Court had come to the conclusion that the market value of the nearby land was '550 per sq. meter, however, taking into consideration the location and potentiality of the lands and also proximity of the lands from the city of Moradabad and other relevant factors, enhanced the compensation awarded to '270 per sq. meter. The State preferred appeals against the enhancement so made by the Reference Court and the High Court has allowed the same in the light of the judgment of the Court in First Appeal No. 247 of 1997 dated 05.03.2004.