KAILASHO DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This first appeal is directed against a judgment and award of Mr. M.P.S. Tejan, the then 7th Additional District Judge, Bulandshahr dtd. 24/7/1991 rejecting L.A.R. No.233 of 1987 and affirming an award of the Special Land Acquisition Officer (Second), Uttar Pradesh Avas Evam Vikas Parishad, Kamla Nagar, Agra (for short, 'the SLAO') dtd. 11/10/1984, awarding the claimant-appellant compensation at the rate of Rs.29.08 per square yard for her land acquired by the Uttar Pradesh Avas Evam Vikas Parishad (for short, 'the Parishad').

(2.) One Kallan son of Ganga Sahai had agricultural land in Village Tanda, Pargana Baran, Tehsil and District Bulandshahr comprising Khasra No.157 admeasuring 1 bigha 17 biswa and Khasra No.158 admeasuring 2 biswa. The land was of good quality and described as class 'Sinchit Bada'. It was assessed to land revenue in the sum of Rs.12.50 per bigha. The land aforesaid shall hereinafter be referred to as, 'the acquired land'. A notification under Sec. 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (for short, 'the Act') relating to the acquired land was published on 29/9/1977 in the State Gazette. This was followed by a notification under Sec. 32 of the Act dtd. 25/11/1979, also published in the Official Gazette. On 11/10/1984, an award was made under the Act by the SLAO, assessing the value of the land at Rs.38.77 per square yard. After deducting 25% per square yard, compensation for Kallan's land was assessed at the rate of Rs.29.08 per square yard.

(3.) In accordance with the award made by the SLAO, Kallan's substantive compensation for the acquired land worked out to a figure of Rs.1,71,535.65. Adding to it 30% solatium and 12% additional compensation, besides interest, a total sum of Rs.3,27,854.67 was determined.