SURENDRA MOHAN HANS Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals arise from a Judgment and decree of the District Judge. Meerut dated 3-3-76 deciding land acquisition reference No. 80 of 1974.

(2.) The relevant facts briefly stated are these. By means of a notification issued in August, 1960 the State of U. P. notified 259.56 acres of land in village Mirzapur, Pargana Loni, Tahsil Ghaziabad. District Meerut for acquisition for Ghaziabad Improvement Trust for planned development of the area. This notification was modified on June 9, 1962. This was followed by a notification under Section 6 read with Section 17 ((1)(1-A) of the Land Acquisition Act dated January 13, 1969. Possession in pursuance of the aforesaid notification was taken on 16th Aug. 1972. Thereafter proceedings for determination of compensation of the acquired land were started. By means of the award dated 21-11-73 the Special Land Acquisition Officer determined the award of the appellants at the rate of fifty paise per square yard. The total amount of 9 plots of the appellants measuring 153 Bighas 9 Biswas 19-2/3 Biswansis and 15 Kachwansis came to Rupees 11.41.123-92 P.

(3.) It appears that the appellants and some other interested persons made representations to the State Government that their land may not be acquired. They also filed writ petitions in the High Court which were dismissed. Thereafter on their representation the State Government made orders for ex gratia payment at the rate of Rs. 1-50 p. per square yard to be awarded to them. Under this policy of the State Government the appellants were given in addition to fifty paise awarded by the Special Land Acquisition Officer, ex gratia at the rate of Re. 1 per square yard on 24-11-73. This ex gratia payment was accepted by the appellants and they signed 41/C2 in lieu thereof. This document is headed as compromise and is in respect of 119 Bighas 7 Biswansis. The total amount paid to each one of the appellants was. Rupees 18.93.330-38 p. it reads: jkthukek ge ';ke th eksgu iq= fxj/kkjhyky lqqjsanz eksgu iq= fnoku jruyky gaql ctfj;s rgjhj gktk rk;nkn feugkbZ ork;nkn eqvkotk rFkk rk;nkn vuqxzg Hkqxrku ,Dl xzs'kh;k isesaV eqLlYyk tsy dks tks okcr vkjkth eqUn&tkZ tSy dsfeyk gSa eUtwj uqdoy djrs gS vkSj bdjkj djrs gSa fd vxjbZuds eqrkfyd dqN vkSj nkok ds ckor dksbZ ukyhl nk;jdjs ;k gekjs ukels nk;j dh tk; rks QkSju fMl feal djnhtk; ftyk ijxuk EkkStk r'kfjgktk;tkndkgqdqe esjB yks/kh fetkZiqj 119 1@2