SARDAR JOGENDRA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Civil Appeals Nos. 4028-29 of 2007 are filed by the claimants seeking enhancement of compensation. The other nine appeals are by the U.P. State Avas Evam Vikas Parishad ("the Parishad", in short) which acquired the land, seeking reduction in compensation.

(2.) Certain lands in Village Samiuddinpur were acquired for the Ram Sagar Misra Nagar Extension Scheme, on the outskirts of Lucknow. The Preliminary Notification under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 was issued on 17-3-1979 and the final declaration was issued on 25-5-1980. The Land Acquisition Officer by award dated 13-1-1983 made an offer of Rs. 1.88 per square feet as compensation.

(3.) The Tribunal to which the claims of the landowners for higher compensation were referred, determined the market value as Rs. 3 per square feet. The Tribunal based its decision on its award (Ext. C-141) in regard to an earlier acquisition of lands in the same village for the Ram Sagar Misra Nagar Scheme, under Preliminary Notification dated 12-12-1969.