SATYA NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) AN area of 510.55 acres of land situate in village Nauraiya Khera, district Kanpur, including 28 bighas, 16 biswas bhumdhari land of the appellant was acquired for Kalyanpur -Panki -Pandu and green belt scheme No. 40. Preliminary notification was issued in the year 1959 under Kanpur Urban Area Development Act, 1945. However, in view of Section 577 of Nagar Maha Palika Adhiniyam, 1959, as interpreted in AIR 1947 S.C. 1202, the market value has to be assessed as on 1 -2 -1960, the date on which the Nagar Maha Palika Adhiniyam came in force.

(2.) LAND Acquisition Officer gave award with regard to the acquired land on 21 -7 -1965 in award No. 141. Through the said award Land Acquisition Officer divided the entire acquired land, into three belts. The first belt consisted of the land falling within one furlong (220 yards) from Kalpi Road, a national high way, he second consisted of the land lying within one furlong on the eastern side of the canal road and the third belt consisted of the land lying beyond one furlong from the two roads.

(3.) ON reference (being reference No. 307/71), the learned Presiding Officer of Nagar Mahapalika, Tribunal, held the principle of belting adopted by Land Acquisition Officer to be quite rational. It appear that in another case, relating to acquisition of the land of the same village. High Court had awarded the compensation at the rate of Rs. 2 per square yard or Rs. 4,900 per bigha. The learned Presiding Officer, following the said judgment of the High Court, had earlier decided some references including Reference No. 299/1971, Shankar v. State of U.P. and had determined the market value of the land at the rate of Rs. 5,500 per bigha in first belt, Rs. 4,400 per bigha in the second belt and Rs. 3,000 per bigha for the third belt. In the impugned judgment also learned Presiding Officer adopted the same market value. The land of the appellant being situate in the third belt has been determined by the learned Presiding Officer of Tribunal, to have market value at the rate of Rs. 3,000 per bigha.