STATE OF UTTAR PRADESH Vs. PRAKASH NARAIN KATJU

JUDGEMENT

(1.) The present appeal has been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') by the State of U. P. against the award of the reference court made under Section 18 of the Act.

(2.) We have heard learned standing counsel appearing for the appellant and Sri S.N. Verma, learned senior counsel assisted by Sri Sharad Malviya for the claimants-respondents.

(3.) Briefly stated the facts are that the claimants were the recorded tenure holders of plot No. 362 measuring 18 bighas 17 biswas situated in village Chandpur Salori, pargana Chail within the municipal limits of Nagar Mahapalika, Allahabad. The notification under Section 4 of the Act was issued on 6.3.1987 proposing to acquire the land for the purposes of construction of a residential colony by the Allahabad Development Authority under the Govindpur Extension Scheme. This was followed by a declaration made under Section 6 of the Act on 16.4.1987. The urgency provisions were resorted to and the possession of the land was taken on 16.3.1989. The Special Land Acquisition Officer made an award on 10.9.1989. The amount of compensation was, however, distributed in the ratio of 37% and 63% in between the claimants and the Estate of the Government.