ALLAHABAD DEVELOPMENT AUTHORITY Vs. KISHORI LAL

JUDGEMENT

(1.) This appeal Under Section 54 of the Land Acquisition Act has been preferred by the Acquiring Body against the judgment and decree dated 22nd May, 1993 passed by the 16th Additional District Judge, Allahabad in LAR No. 291 of 1991.

(2.) The State Government acquired the land of the claimant respondents being plots No. 198 (area 6 Bighas 11 Biswas and 11 Dhoors) and plot No. 200 area 5 Biswas and 5 Dhoors situate in village Deo-Ghat Jhalwa, pergana and tehsil Chail, District Allahabad for the purpose of construction of Deo Ghat Colony. A notification Under Section 4 of the Land Acquisition Act was published on 6.2.1987. The Special Land Acquisition Officer by its award dated 28th March, 1989 determined the market value of the land acquired for the purpose of payment of compensation to the landholders. He adopted belting system and carved out three belts. The land in question' according to the Special Land Acquisition Officer falls in third belt and awarded compensation at the rate of Rs. 20.000/- per bigha. Feeling dissatisfied with the award, a reference Under Section 18 of the Act was made to the Civil Court, at the instance of the claimant respondents for the purpose of determining the market value of the land so, acquired. The Reference Court by its judgment and award under appeal has awarded compensation at the rate of Rs. 3,500/- per biswas which comes to Rs. 70,000/- per bigha. Challenging the said award the present appeal has been filed.

(3.) Heard the Counsel for the parties and perused the record. The only question involved in the present appeal is regarding the determination of the market value of the plot Nos. 198 and 200 of village Deoghat Jhalwa, District Allahabad, on the date of notification Under Section 4 of the Land Acquisition Act.