STATE OF U.P. Vs. HEMENDRA KUMAR

JUDGEMENT

(1.) This is an appeal against the Judgment and decree dated 9.3.1998, passed by the District Judge, Nainital in Land Acquisition Reference No. 221 of 1986.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that an agriculture farm measuring 29.41 acres was acquired by the State. This land is situated about 10 km. away from Kashipur towards Ramnagar on Kashipur -Ramnagar motor road. This land was acquired by the U.P. State Industrial Development Corporation Ltd. for Belwal Spinning Mills Ltd. A notification under Section 4 of the U. P. Land Acquisition Act was published on 24.2.1984, followed by another notification under Section 6 of the Act on 25.2.1984. The provisions of Section 17 of the aforesaid Act were also applied and possession over the land was taken on 26.5.1984. A notice under Section 9 of the Act was also served on the respondent. A writ petition was filed before the Allahabad High Court by the respondent challenging the notification under Sections 4 and 6 of the Act, which was dismissed on 24.5.1984. The possession over the land was taken by U. P. State Industrial Development Corporation. The Special Land Acquisition Officer awarded a sum of Rs. 3,55,510.50 at the rate of Rs. 1,875 per bigha. A sum of Rs. 46,564 was awarded as compensation for the houses and another sum of Rs. 1049.54 was awarded as compensation for the trees. On the total amount of Rs. 4,03,126.04 a sum of Rs. 1,20,937.80 ps. was awarded as solatium @ 30%. A sum of Rs. 2,783.22 was awarded as additional compensation under Section 23 (1A) (4) of the Act and a sum of Rs. 50,285.47 was awarded for the crop standing thereon. Thus, a total sum of Rs. 5,77,132.53 was awarded as compensation.

(3.) BOTH the parties filed their written statements. The contention of the respondent throughout was that compensation awarded is grossly inadequate and a portion of the land upto the depth of 15mt. from the pucca Kashipur -Ramnagar road is a potential building site and it could 'easily fetch sale price of Rs. 100 per sq. feet in the open market. This abadi site extends upto 600 meters along the road and compensation of that land comes to a minimum amount of Rs. 9,00,000. The land was bounded by roads on two sides. Besides the metalled Kashipur -Ramnagar road on its West it is bounded by another road on its south which leads to the village. The land is very furtile and it yielded rich crops.