(1.) This appeal has been filed assailing the judgment dated 12.5.2006 and decree dated 1.6.2006 passed by the Reference Court i.e., Presiding Officer, Nagar Mahapalika Tribunal, Lucknow in Misc. Case No. 351 of 1993, Smt. Tulsa Devi (since dead) v. State of U.P. and another, where compensation was enhanced from 85 paisa to Rs. 4.60/- per sq. ft. to the land owners of village Bharwara, Sadar Tehsil, Lucknow as their lands were acquired for the Ujariyaon Housing Scheme Part II. From the record, it appears that the Lucknow Development Authority has acquired the land in question for a scheme known as "Ujariyaon Awas Yojna Part II" in Lucknow, For the purpose, Notifications under section 4 and 6 were issued on 8.12.1984. The S.L.A.O. had granted the award at the rate of 85 paisa per sq. ft. Being aggrieved, the land owners i.e., farmers had sought reference under section 18 of the Land Acquisition Act, so the several references were filed before the Tribunal. The Tribunal enhanced the compensation, so being aggrieved present appeal is filed by the Lucknow Development Authority i.e., appellant.
(2.) Learned Counsel for the appellant has justified the order of Special Land Acquisition Officer. He submits that the compensation awarded by the Special Land Acquisition Officer was adequate and neither it was unjust, unfair or inadequate and thus the Reference Court ought not to have interfered with the Award that had been rendered by the Special Land Acquisition Officer. The Reference Court grossly erred in not accepting the sale deeds/exemplars adduced by the appellant which were proximate to the date of notification and they were reflective of the correct value of the land. He further submits that the Court below committed manifest error of law by not determining compensation on the basis of principle provided under section 23 of the Act when the relevant exemplars by way of sale-deed which were proximate to the notification under section 4(1) of the Act were available, The Tribunal failed to provide reasonable reduction while determining market value of large area of acquired land as compared to a small piece of land. In the absence of proof of actual development, the Court below erred in holding that on date of the notification under section 4 of the Land Acquisition Act the required land was developed land. Lastly, he made a request to set aside impugned award/order and restore the order passed by the S.L.A.O.
(3.) On the other hand, learned Counsel for the respondent has expressed the anxiety that the lands of poor villagers whose only source of livelihood was agricultural land was acquired in the years 1984 to 87. More than 25 years have passed and till date they have not been paid the total amount of compensation. Agriculturists whose lands were acquired by the mighty power of State applying the provisions of Land Acquisition Act for public purposes have not been paid the proper compensation. Learned counsel has drawn attention of the Court that these days lands near Faizabad road are being sold at the rate of Rs. 500-700/- per sq. ft. L.D.A. itself invited the applications from desirous persons at a much higher rate. Flats and multi-storey buildings are being constructed and are sold at much higher rate. The private persons who are allotted residential plots are selling the land for Rs. 500/- sq. fit; and commercial plots are being sold at Rs. 2000/- sq. ft. How long, the sufferance of poor farmers who have been deprived of their agricultural land which was like their mother to them will continue. The capitalists are reaping the fruits and harvest. Poor farmers are not getting the amount of compensation. They have been dragged in unnecessary litigation.