SHIAM BIHARI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS first appeal arises out of the judgment of the 1st Additional District Judge, Varanasi dated 4.3.1983. The facts of the case in brief are that a land acquisition notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, 1894) was issued on 29.11.1978 and the notification under section 6 of the Act, 1894 was issued on 19.6.1979. The land of the appellant fell within the ambit of this land acquisition notification. The area of land of the appellant measuring 0.66 acres was situated in village Bhagatpur Pargana Sheopur, District Varanasi. The Land Acquisition Officer gave his award and the compensation awarded under the award was at the rate of Rs. 175.48 paise per decimal. Aggrieved by the amount of compensation under the award, the appellant (Shyam Behari Lal, now deceased) filed land acquisition reference in the Court of 1st Additional District Judge, Varanasi. The following issues were framed:

(2.) WHETHER the claimants are not entitled to enhancement as alleged in para 7 of the written statement?

(3.) ON behalf of the respondents, reliance was placed on a judgment dated 28.8.1982 passed in another Land Acquisition Reference No. 212 of 1980, Ram Lakhan v. Collector, in which compensation was awarded at the rate of Rs. 350/ - per decimal of land of this very Scheme.