LUCKNOW DEVELOPMENT AUTHORITY Vs. RAJA RAM

JUDGEMENT

(1.) This is the first appeal filed under section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 4.2.2006 passed by the Nagar Mahapalika Tribunal, Lucknow in Misc. Case No. 53 of 1998, Raja Ram v. State of U.P. and another where the compensation was awarded from 68 paisa to Rs. 3.00/- per sq. ft. Not being satisfied, the appellant has filed the present appeal. Learned Counsel for the appellant submits that Lucknow Development Authority has acquired the land at Kanpur Road Nagar Prasar Yojna - Part I. The notifications under sections 4 and 6 were issued on 24.8.1976 and 20.11.1976. The possession of the land was taken over on 21.5.1977 and 8.9.1978. The S.L.A.O. awarded three types of compensation by looking the location and conditions of the land at the rate of Rs. 1.35/-, 90 paisa and 68 paisa per sq. ft. Learned counsel for the appellant further submits that the Tribunal has determined the market value of the land merely on the basis of the judgment of the Reference Court under section 18 of the Land Acquisition Act which was challenged before this Hon'ble Court in First Appeal No. 100 of 2004. He further submits that the Tribunal has awarded the compensation uniformly at the rate of Rs. 3/- per sq. ft., whereas the S.L.A.O. has awarded the compensation by looking the pits and location of the land from 68 paisa to Rs. 1/- per sq. ft. He further submits that the compensation at the rate of Rs. 3/- per sq. ft. is much excessive which was awarded by the Tribunal in arbitrary and illegal manner and the same is liable to be set aside.

(2.) None appeared on behalf of the respondents.

(3.) Heard the learned Counsel for the appellant and gone through the materials available on record.