MOHTILAL @ MURARI LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) IN First Appeal No. 56 of 1999, vide order dated 10.10.2009, Hon'ble Senior Judge has ordered for laying/listing the matter before a Division Bench of which Hon'ble Mr. Justice Devi Prasad Singh is a Member, but subsequently, the same has been released by His Lordship and as such, the aforesaid appeals are listed for hearing before us today. These two appeals have been filed under Section 54 of the Land Acquisition Act against the judgment and order dated 4.5.1999 passed by the II Additional District Judge, Rai Bareli in Land Acquisition Case No. 4 of 1992 by which the Reference was partly allowed and it was directed that compensation @ Rs. 100/ - per sq. mtr. for town area and Rs. 80/ - per sq. mtr. for the areas lying beyond town area limits of Unchahar, District Rai Bareli be paid together with 18% interest and Shri Motilal alias Murarilal and Morari Lal Monarka and their legal representatives have been denied the compensation. Being aggrieved by the impugned order, the legal heirs of Shri Motilal alias Murarilal, namely, Murarilal Monarka and Gopal Monarka preferred First Appeal No. 56 of 1999. During pendency of appeal, Gopal Murarika died. Therefore, his legal heirs were brought on record. The State of U.P. has also filed First Appeal No. 50 of 2000 against the impugned judgment and order dated 4.5.1999.

(2.) ADMITTED facts of the case are that 29 Bigha 4 Biswa and 11 Biswansi land was acquired for construction of Government Degree College in Unchahar, District Rae Bareli by the State of Uttar Pradesh through notification under Section 4(1) of the Land Acquisition Act [hereinafter referred to as Act for the sake of brevity] on 3.11.1988. Consequent notification under Section 6(1) of the Act was issued only on 1.11.1989. Urgency clause was also applied under Section 17 of the Act. In view of the Government Notification, the District Land Acquisition Officer has declared the Award on 16.9.1991 and possession of acquired land was also taken on 16.9.1991. The land owners claimed a family settlement on 10.11.1988, i.e. 7 days after notification dated 3.11.1988, regarding which a declaratory suit under Section 229 -B of Uttar Pradesh Zamindari Abolition and Land Reforms Act has also been filed, which is pending, which relates to five plots out of the total acquired area. The appellants in First Appeal No. 56 of 1999 filed applications before the Additional District Judge under Section 18 of the Act. The Court below decided both the References, i.e. Reference related to Moti Lal Morarka and Suraj Mal Morarka by a common order dated 4.5.1999, which is impugned before us.

(3.) WE have heard Mr. Z. Zilani, learned Additional Advocate General, Mr. H.P. Srivastava, learned Additional Chief Standing Counsel, Mr. Brijesh Kumar Saxena and Mr. Mohd. Adil Khan, learned Counsel for the respective parties on the aforesaid application. The grounds set -forth under Order 41 Rule 27 of the Code of Civil Procedure are made out. Accordingly, the application is allowed.