COLLECTOR MIRZAPUR Vs. DAYAL DAS

JUDGEMENT

(1.) These are two connected First Appeals. The First Appeal No. 1076 of 1990 has been filed by the Collector, Mirzapur, under Section 54 of the Land Acquisition Act against the judgment dated 17.07.1990 passed in Land Acquisition Reference No. 11 of 1985 (Dayal Das Vs. Collector Mirzapur) arising out of the award dated 10.02.1982 given by the Special Land Acquisition Officer, Varanasi. The relief sought is that the judgment dated 17.07.1990 be set aside and the award dated 10.02.1982 be restored.

(2.) The First Appeal No.305 of 2001 has been filed by Dayal Das (substituted by L/R's) under Section 54 read with Section 35(3) of the Land Acquisition Act against the judgment dated 17.07.1990 passed in Land Acquisition Reference No.11 of 1985 (Dayal Das Vs. Collector, Mirzapur) arising out of proceedings of temporary occupation of land under Section 35 of the Land Acquisition Act. The relief sought is that the judgment dated 17.07.1990 be set aside in so far as it has disallowed the claim of the appellant and the appellant be awarded compensation at the rate of Rs. 5000/- per bigha for temporary occupation of his land and damages of Rs. 10,000/- per bigha for filling the land wherefrom earth was dug out by the respondent.

(3.) Sri Sirish Chandra, learned Standing Counsel appearing for the Collector, Mirzapur has submitted that an order dated 25.10.1974 under Section 35 of the Act was passed for temporary acquisition of 62 bigha 1 biswa 4 dhur land in village Baroga, Pargana Kantit, Tehsil and District Mirzapur for construction of approach road to the Railway over bridge. Notices were issued on 11.11.1974 inviting objections. Upon considering the objections the Special Land Acquisition Officer by the award dated 10.02.1982 awarded Rs. 360/- per year per bigha i.e. Rs. 1080 per bigha for three years as compensation for temporary acquisition and also provided that in case there is permanent damage to the land then separate compensation will be given at the time the land is being returned. Dayal Das was found recorded in column 9 hence the compensation for such plots was made payable to him totalling Rs. 67,024.80p.