STATE OF U.P. Vs. SHRI KUNWAR LAL

JUDGEMENT

(1.) These two appeals, preferred under Sec. 54 of Land Acquisition Act, 1894, are directed against the common judgment dated 01 -06 -1979 passed by learned District Judge, Nainital in Land Acquisition Reference Case No. 47 of 1978 and Land Acquisition Reference Case No. 49 of 1978 whereby compensation awarded by Special Land Acquisition Officer has been enhanced by the said court.

(2.) Brief facts of the case are that land measuring area 13.210 acres of village -Bhona, Islamnagar, Tehsil and Pargana -Bazpur, District -Nainital, was acquired for construction of Bhona -Birha Road. The notification under Sec. 4(1) of Land Acquisition Act, 1894 was issued on 26 -09 -1975, followed by notification dated 28 -09 -1975, issued under Sec. 6(1) of said Act. The Special Land Acquisition Officer made an award dated 31 -03 -1977, providing compensation to the claimants at the rate of Rs. 1562 per bigha in respect of the land within abadi limits and Rs. 780 per bigha in respect of the land beyond abadi limits. Dissatisfied by the same, the claimants got a reference made to the court of District Judge, claiming that the land acquired is of value not less than Rs. 25,000/ - per acre. Learned Reference Court registered the Reference Case No. 47 of 1978 (out of which First Appeal No. 1044 of 2001 has arisen), Land Reference Case No. 49 of 1978 (out of which First appeal No. 1045 of 2001 has arisen) alongwith other Land Acquisition Reference Cases Nos. 48 of 1978, 50 of 1978, 51 of 1978, 52 of 1978 and 53 of 1978 in respect of the other claimants. All these references were consolidated together by the reference court as these pertain to the land of the same village, acquired through the same notification. Learned Reference Court on the basis of claims and the objections, framed the following issues:

(3.) After recording the evidence and hearing the parties, the Reference Court partly allowed the claims of the claimants -Shri Amrit Lal and that of Shri Kunwar Lal. Claims in respect of the other claimants -namely Madan Gopal, Brij Bhusan, Surendra Lal and Kesra Devi, were similarly partly allowed but it is not clear if the appeals were preferred by the State in respect of said claimants.