NAND KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal has been preferred under Section 54 of the Land Acquisition Act, 1894 [in short referred to as the 'Act'] against the judgment and order dated 4.6.1993 passed by the Tribunal in Misc. Case No. 25 of 1989 upon a reference made under Section 18 of the Act, against the Award dated 23.9.1986, passed by the Special Land Acquisition Officer, Sharda Sahayak Pariyojna, Lucknow, partly allowing the claim of the appellant.

(2.) Shorn of unnecessary details, the facts material for adjudication of the present case, may be stated thus:

(3.) Being dis-satisfied with the Award made by the Special Land Acquisition Officer, the appellant preferred a reference under Section 18 of the Act, which was referred by the Collector to the Presiding Officer, Nagar Mahapalika Tribunal/Additional District Judge, Lucknow. Before the Tribunal, the appellant examined Dipankar Pandey (P.W.1), appellant himself as (P.W.2) and Farhatehullah Kirmani as (P.W.3). Apart from the oral evidence, the appellant also filed copy of the sale deeds, agreement for sale, valuation certificate of the Valuer, judgment passed by this Hon'ble Court in another case, Khatauni, copy of circle rate, copy of the village map issued by Geological Survey of India, Copies of Form-7 issued by Income Tax Department, Copy of the judgment passed in First Appeal No. 76 of 1972 and 177 of 1972, certified copy of the payment made by the Special Land Acquisition Officer and other relevant documents to establish that the compensation given by the Special Land Acquisition Officer is too low and is not based on correct appreciation of the material on record.