MOHAMMAD SHAFIQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant under section 381 of Nagar Mahapalika Adhiniyam against the judgment of U. P. Nagar Mahapalika (Tribunal) (District Judge), Allahabad dated 18-6-1977 awarding compensation at enhanced rates of Rs. 4/- per square yard for plot no. 413 and Rs. 2/-per square yard for plot nos. 401, 403, 430, 431, 432 and 440 along with the solatium at 15% and interest at 6% p. a.

(2.) THE land for Govindpur Housing Scheme was acquired by Nagar Mahapalika, in Allahabad in November 1967 for Housing Colony. THE Notification under section 357 of the aforesaid Act was made on 28th October, '67 4th November '67 and 11th November '67 for acquiring land measuring 97 big has 9 bis was 6 dhoors, including the land of the appellant situated in village Govindpur. THE Notification under section 363 of the said Act was issued on 20-12-69. THE possession of the land was taken on 11th July 1975; THE Special Land Acquisition Officer adopting belt system assessed the compensation at Rs. 9000/- per bigha for the first belt; Rs. 6000/- per bigha for the second belt and Rs. 4500/- per bigha for the third belt. He found that plot no., 413 of the appellant was within the first belt while the rest of the plots were within second and third belts and thus calculated the compensation at Rs. 30932.50 and also awarded 15% solatium and 6% interest.

(3.) I have heard Sri M. A, Qadir, learned counsel for the/appellant and Sri P. K. Misra, learned Standing Counsel at considerable length.