GAFAR Vs. MORADABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These appeals involve the correctness of the determination of the compensation payable to the land owners in acquisitions under the Land Acquisition Act at the instance of the Moradabad Development Authority in respect of the lands comprised in three villages, Harthala, Mukkarrabpur and Sonakpur. The Notification under Section 4(1) of the Act in respect of most of the lands in Harthala village was issued in the month of March, 1990 and in respect of one block of lands on 13.9.1991. The Land Acquisition Officer while passing the award determined the compensation at Rs. 80 per square meter. This was enhanced to Rs. 270 per square meter on references made under Section 18 of the Act. On appeals, the High Court set aside the enhancement given by the Reference Court and restored the award made by the Land Acquisition Officer. Feeling aggrieved thereby, the land owners have come up with most of these appeals.

(2.) In respect of village Mukkarrabpur, the Notifications were dated 18.9.1982, 18.7.1984 and 16.8.1991. Under Awards, Rs.17.05, Rs.117/-, Rs.170/- and Rs.92.59 per square meter were awarded, which were enhanced to Rs.192/-, Rs.350/- and Rs. 350 per square meter by the Reference Court. The High Court set aside the awards of the Reference Court and restored the awards of the Collector. Hence, the appeals relating to the acquisition of land in village Mukkarrabpur by some of the land owners.

(3.) In respect of village Sonakpur, the Notifications were dated 4.5.1982 and 13.3.1990. In the Award, lands valued at Rs.11.59 and Rs.22 per square meter were respectively awarded. These were enhanced to Rs.290 and to between Rs.350 to Rs.390 per square meter by the Reference Court. On appeal, the decision of the Reference Court was set aside and the awards of the Collector were restored. Hence, those appeals by land owners relating to the lands in village Sonakpur.