COLLECTOR, VARANASI Vs. EKRAM SHAH

JUDGEMENT

(1.) Ganga, the very soul and heart of the country whose holy waters, according to legends have been likened to nectar having descended from Heavens; so sacred, so revered that a mere sprinkling of its water is considered enough to wash off all sins; river which is the very life line of the country and on whose sacred banks the entire culture of this country has been nurtured and reared for centuries after centuries. Alas the very same waters, whose pristine purity was once eulogized in our scriptures is now full of filth, waste, effluents and sewage. what once gave life and sustenance to the people has now reversed its role to become the life extinguisher, life perisber. Ganga now stood in need of aid from an international body, the World Bank, to fund the scheme to rid its waters of impurities and pollution all man-made, and ugly result of mad man's greed much beyond his need. Towards, this goal a unit of U.P. Jal Nigam was entrusted with the task of devising a scheme and setting up plants for cleansing the waters that flow in this ancient river at Varanasi.

(2.) The preliminary notification Under Sec. 4 was made on 22-8-1986. Since the Governor was satisfied as to the urgency in the matter enquiry Under Sec. 5-A of the land Acquisition Act was also dispensed with by applying the provision of Sec. 17(1) of the Act. This notification was followed by a declaration Under Sec. 6 of the Act on 16-2-1987 and consequent delivery of possession on 27-4-1987. Award of the Collector was made on 8-12-1987 determining compensation for the acquired land at the rate Rs. 1418.34 per Biswa.

(3.) Aggrieved by the Collector's award reference was made to the Court at the instance of the claimants and compensation has been enhanced to Rs. 19,237/- per Biswa. Hence this first appeal by the State of U.P.