BABOO RAM Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals and 48 more are directed against the judgments of the Second Additional District Judge, Kanpur, dated August 21, 1978, made in connected References under Section 18 of the Land Acquisition Act. The two appeals, which are being decided by this judgment, are First Appeal No. 429 of 1978, Babu Ram and Ors. v. State of U.P. arising out of Land Acquisition Case No. 76 of 1970 and First Appeal No. 438 of 1978, State of U.P. v. Babu Ram and Ors, arising out of the said land acquisition case. We propose to deal with these two appeals together and the judgment delivered in these appeals would be read as judgment in all the other remaining appeals.

(2.) The land in dispute was situated in village Beri Akbarpur Bangar, Pargana and Tehsil Kanpur. A preliminary notification under Section 4 of the Land Acquisition Act was issued on February 22, 1957 for acquiring 381 acres of land consisting of 364.17 acres of agricultural holding and 16.83 acres of non-agricultural holding. The acquisition proceedings were started at the instance of the Central Government for construction of Indian Institute of Sugar Technology. In appeal 529, there were four claimants, namely, Baby Ram, Ganga Prasad, Shyam Lal and Chhotey Lal. In the said acquisition scheme, 10 bighas 8 Biswas 10 Biswansis Sirdari and 6 Bighas 10 Biswas 10 Biswansis Bhumidhari land (in all 16 Bighas 19 Biswas), belonging to the said four persons jointly was also acquired. The Land Acquisition Officer fixed compensation by Award No. 11 dated 1st July, 1959. The Land Acquisition Officer awarded a sum of Rs. 2,400/- for the well to the claimants and Rs. 3,715.40 Paise as total compensation to these claimants.

(3.) On August 10, 1959, the claimants filed applications before the District Land Acquisition Officer for reference under Section 18 of the Land Acquisition Act. They contended that the well had been under-valued, and that they should have been given compensation of Rs. 5000/. They also claimed that the market value of the land in the village in question was Rs. 5000/- to Rs. 6000/- per Bigha, and that they should have been awarded compensation at that rate.