ANIL KUMAR SOTI Vs. STATE OF U.P.

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.04.2019 passed by the High Court of Judicature at Allahabad in First Appeal No.440 of 1989, by which the High Court has partly allowed the said appeal preferred by the appellants herein - original claimants and has determined the market value of the lands acquired at Rs.7,100/- per acre only, original land owners have preferred the present appeal.

(2.) That the appellants ' lands situated at village Rawali came to be acquired for public purpose. A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 16.05.1981. The Land Acquisition Officer declared the award and determined the compensation at Rs.5,218.39/- per acre. At the instances of the claimants a Reference was made to the District Court under Section 18 of the ACT claiming compensation of Rs.12,000/- per acre. The Reference Court enhanced the compensation from Rs.5,218.39/- per acre to Rs.6,696.70/- per acre with all other statutory benefits which may be available under the Act. The appellants herein preferred the appeal before the High Court. The claimants prayed the compensation of Rs.15,402/- per acre relying upon the judgment and award passed by the Reference Court in another case with respect to the acquisition of the land of the very village, but with respect to the notification issued under Section 4 of the Act dated 19.12.1981. That by the impugned judgment and order and relying upon and considering the sale deed exemplar dated 23.12.1980, the High Court has partly allowed the said appeal and has determined and awarded the compensation at the rate of Rs.7,100/- per acre.

(3.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, enhancing the amount of compensation to Rs.7,100/- per acre only the original claimants have preferred the present appeal.