COLLECTOR, MIRZAPUR Vs. NAND KISHORE AGARWAL

JUDGEMENT

(1.) The present appeal has been filed by the Collector, Mirzapur against the judgment in Land Acquisition Case No. 8/1986 dated 30.11.1987 by which the reference Court has decided the market value of the acquired land to be twenty five lakh, solatium @ 30 % on that amount and 12 % additional compensation total thirty seven lakh, twenty thousand for land alongwith compensation for fruit bearing trees alongwith solatium, stone pillars alongwith solatium, compensation for two houses alongwith solatium and compensation for well alongwith solatium. Total 18 bigha 7 biswa 1 dhur land including trees, wells and constructed Pakka house was acquired for industrial area, Chunar from village Usmanpur, Pargana Haveli Tehsil Chunar, district Mirzapur.

(2.) Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was published on 4.3.1978 and the notification under Section 6 of the Act was published on 30.5.1978. The possession of the land was taken on two dates i.e. 20.5.1979 and 20.9.1979. The award was given on 24.1.1986 and the market value of the land was fixed as @ Rs. 12,698.41 per bigha for the land falling under the category of Palo-one and Rs. 2,721.09 per bigha for the land falling under category of Palo-3. Thus the total award for the land was fixed to be Rs. 87054.44 solatium 30 % Rs. 26,111.33 and 12% interest from the date of publication of notification under Section 4(1) Land Acquisition Act upto the date of taking possession Rs. 16,366.23 total Rs. 1,29,537/- alongwith that compensation for trees was fixed alongwith solatium to be Rs. 48,950.50, the compensation for stone pillars was fixed alongwith solatium to be Rs. 3,666, the compensation for wells and construction was fixed alongwith solatium to be Rs. 39,899.60 and Rs. 2,22,415.70 respectively.

(3.) Feeling aggrieved a reference was filed before the Collector, who referred the same to Civil Court for disposal. The reference was decided vide judgment dated 30.11.1987 as indicated above. Feeling aggrieved by this judgment, Collector, Mirzapur has filed the present first appeal.