RATAN KUMAR TANDON Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties in extenso.

(3.) Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the "Act") was published in the State Gazette on February 14, 1986 acquiring an extent of 4 acres 2 rods 21 poles equivalent to 22, 528 sq. yd. situated in Allahabad city for public purpose, namely, planned development of the urban area. The Land Acquisition Officer determined by his award under Section 11 on October 28, 1987 a total compensation of Rs. 4,57,750.88. Dissatisfied therewith, the appellants sought reference. The Additional District Judge by his award and decree dated July 20, 1989 determined compensation @ Rs. 500/- per sq.yd. He also awarded Rs. 50,000/- towards the value of trees, Rs. 8, 33,700/- towards the value of the building together with the statutory solatiun and interest. On appeal, the High Court reversed the valuation of the trees and confirmed the award of the Land Acquisition Officer, namely, Rs. 23,219.97. The High Court also confirmed the value of the building as awarded by the reference Court but as regards the value of the land the High Court disagreed and determined market value @ Rs. 423/- per sq.yd. by the impugned judgment dated October 22, 1992 in First Appeal No. 149 of 1990. Thus, this appeal by special leave.