GANGA KISAN SAHAKARI CHINI MILLS LIMITED Vs. GHANSITA

JUDGEMENT

(1.) Notifications u/Ss. 4 and 6 of Land Acquisition Act 1894 (for short the Act) were issued on 20-8-1982 and 21-8-1982 respectively and published in gazette on 23-8-1982 for acquiring 192 Bighas, 10 Biswas and 6 Biswancies of land situate in village Kakrala, Pargana Bhokarheri. Tahsil Jansath, district Muzaffarnagar for establishing the Ganga Kisan Sahkari Chini Mills Ltd., Morana, Muzaffarnagar, the appellant in these appeals. The land of private respondents in all these appeals was included in the aforesaid notifications.

(2.) The Special Land Acquisition Officer, Muzaffarnagar, (S.L.O. in short), by his award dated 18-4-1983, passed in case No. 4 of 1982 determined the market value of the acquired land on the date of notification u/S. 4 of the Act to be Rs. 9944.57 paise per bigha pakka of the land of the quality of awwal torn and Rs. 8523.81 paise per bigha pakka of doyam torh quality of land (none of the aforesaid appeals relate to doyam torth quality land). On reference the two learned Additional District Judges who decided the references determined the market value of the awwal torh quality land on the relevant date as Rs. 19,000/- per bigha pakka. Some references were decided by Sri Yad Ram, IX Additional District Judge, Muzaffarnagar, on 28-4-1990 by separate but similar judgments and some were decided by Sri K. Chandra, X Additional District Judge, Muzaffarnagar on 31-5-1990 by separate but similar judgments. The latter judgments are almost on the similar lines as the earlier judgments. The following table gives the details of all the claimants which term (contd. on col. 2) includess the legal representatives of the claimants wherever applicable), Khasra number, area of their acquired land, Land Acquisition Reference (L.A.R. in short) number and corresponding first appeal numbe r : (See table below) F. A. No. LAR No. Name of the claimant Khasra No. Area Bigha Biswa Biswansi 1250/90 197/89 Ghasita 390 & 392 19 6 1251/90 198/89 Jai Chand 395 20 9 15 1252/90 202/89 Bhanwar Singh 399 & 400 11 1 3 1253/90 201/89 Karan Singh 319 16 5 5 1254/90 199/89 Harbansh 331, 337 18 These references were decided by IX Additional District Judge, Muzaffarnagar, on 28-4-1990. 0937/90 204/89 Balwanti 394 02 5 0938/90 203/89 Pooram 334 03 16 15 1007/90 208/89 Lal Singh 342 07 17 15 1014/90 206/89 Sardara & Atar Singh 379 06 19 1013/90 207/89 Jiwan Singh (336) 07 13 8 . 602/2000 200/89 Dharam Singh (378) 05 05 2004 All. /2 I G 17

(3.) These references were decided by X Additional District Judge, Muzaffarnagar, on 31-5-1990.