LUCKNOW DEVELOPMENT AUTHORITY Vs. THAKUR PRASAD AND ORS.

JUDGEMENT

(1.) Heard Sri Rajesh Srivastava holding brief of Sri D.K. Upadhyaya, learned Counsel for the appellant as well as Sri V.K. Srivastava, learned Counsel for the respondent Nos. 1 to 3 and perused the record. The present appeal has been filed under section 54 of the Land Acquisition Act, 1894 against the judgment and order dated 27.10.2005 passed by the Additional District Judge/Presiding Officer, Nagar Mahapalika Tribunal, Lucknow in Misc. Case No. 52 of 1998, Ram Dularey (dead) substituted by his L.Rs. Thakur Prasad and others v. State of U.P. and another filed under section 18 of the Land Acquisition Act, 1894, thereby enhancing the market value of the acquired land from Rs. 0.68 per sq. ft. to Rs. 3.00 per sq. ft.

(2.) Learned Counsel for the appellant, in addition to grounds taken in the appeal, has submitted that enhancement of the amount of compensation by the learned Tribunal was done without properly considering the relevant factors and it has been exorbitantly increased.

(3.) Learned Counsel for the respondents on the other hand has submitted that the land of the respondents' father Ram Dularey bearing Gata No. 696, area 1-5-0-0 situated in village Behsa, Pargana, Bijnore, District Lucknow was acquired under the Scheme "Kanpur Road City Extension Scheme Part-I" in the year 1976. The Special Land Acquisition Officer awarded the market rate to the respondents at the rate of Rs. 0.68 per sq. ft. vide award dated 27.9.1979.