RAMA KANT SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) This first appeal from order has been filed against the final order dated 07.06.1994 passed by Presiding Officer, Nagar Mahapalika Tribunal in Misc. Case No. 262 of 1985 deciding a reference under section 30 of the Land Acquisition Act, 1894 (herein referred to as the 'Act') whereby the claim of the appellant for compensation in respect of Plot No. 1-M area 6 bighas, 3 bishwa and Plot No. 64/1-M area 2 bigha, 19 bishwa, 15 biswansi and Plost No. 64/9-M area 14 biswa, 15 biswansi situated in Village Kalli Paschim Pargan-Bijnor, Tehsil and District- Lucknow has been rejected and the claim of the respondents no. 2 to 11 has been accepted for the compensation.

(2.) For deciding this appeal, certain facts are necessary to be taken into consideration. One Shri Chandra Kishore Rastogi is recorded tenure holder of the aforesaid agriculture land. The aforesaid land has been acquired by issuing a notification under Section 4 read with Section 17 of the Act apart from other lands for establishment of Sanjay Gandhi Post Graduate Institute. When proceeding of determination of compensation was in progress before Special Land Acquisition Officer, it was found that though the name of Chandra Kishore Rastogi S/o Madan Lal is mentioned in the revenue papers but in the remark column against these plots the name of deceased Harish Chandra Jain substituted by Bhag Chandra Jain, Prakash Chandra Jain, Vimal Chandra Jain, Subhash Chandra Jain was recorded against Plot no. 1-M and Plot no. 64/9, the name of Jagdish Prasad Aggarwal and Subhash Chandra Aggarwal was also recorded against the Plot No. 64/1 area 2 bigha, 19 biswa, 15 biswansi and name of Kailash Chandra Jain and Ladhu Lal Jain has been recorded against remaining Plot no. 1 area 3 bigha, 1biswa, 10 biswansi.

(3.) During the course of determining of compensation, the appellant Rama Kant Srivastava also raised a claim for amount of compensation. Both respondents and appellant filed their respective claims before the Special Land Acquisition Officer (herein after referred to as 'S.L.A.O.') for the amount of compensation of aforesaid land. The claim of appellant was based on alleged usufructuary mortgage dated 10.11.1967. The copy of the unregistered document has been brought on record before the S.L.A.O. The same was also got proved by producing the evidence of PW-1 Gaya Prasad. On the contrary the respondents made their claim on the basis of three sale deeds executed by Chandra Kishore Rastogi the recorded tenure holder of the land in dispute in favour of the respondents no. 2 to 11. The sale deeds are dated 24.04.1982 and on the basis of sale deeds in the remark column the name of purchasers have been recorded. However, the name of Rama Kant Srivastava the appellant does not find place in the revenue records. Considering the dispute of amount of compensation determined among the appellant and respondents no. 2 to 11, the matter referred under Section 30 of the Act to the District Judge, Lucknow, who transferred the reference for decision to Presiding Officer, Nagar Maha Palika, Lucknow.