STATE OF U P Vs. ILIYAS

JUDGEMENT

(1.) The present appeal arises out of judgment and decree dated 30-4-1992 passed by the VI Additional District and Sessions Judge, Azamgarh in Land Acquisition Reference No. 10 of 1991. The contesting respondents have also filed a cross- objection.

(2.) The land of the claimants-respondent was acquired for the purposes of construction of a canal by the State Government, although possession had been taken before the land acquisition proceedings. The possession was taken in the year 1980 and the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act was made on 14th December, 1988. The notification under Section 6 of the Act was issued on 3-4-1989. The land in question is Khasra Plot No. 39 in village Imiliya, Tehsil Sadar, District Azamgarh. The area of acquired land is 532 Karis. The Special Land Acquisition Officer gave an award on 7-1-1991 against which a reference application was made in which the claimants-respondents claimed that compensation at the rate of Rs. 6,000/- per biswa should be granted to them. The Court below, that is, the reference Court, enhanced the compensation and granted the same at the rate of Rs. 3,500/- per biswa by the order under appeal. The state Government has challenged the enhanced amount of compensation by means of the present appeal while the claim- ants-respondents have filed cross-objection for further enhancement of the compensation.

(3.) I have heard the learned standing counsel for the appellant and Sri J.A.Azmi Advocate, counsel for the respondents.