SADASHIV MATHURA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This first appeal has been filed against the judgment and award dated 26.5.1981 passed by Sri B.N. Jain, Presiding Officer, Nagar Mahapalika Tribunal, Kanpur in Land Acquisition Reference No. 90 of 1973 arising out of Land Acquisition Award No. 34 dated 31.12. 1968 whereby the Claimant was awarded compensation for his acquired land @ Rs. 15007 = per Bigha. It is to be noted that this amount included the amount of compensation as well as damages as required under Section 48-A of the Land Acquisition Act (hereinafter described as the "Act")

(2.) Brief facts of the case are that the land of the Claimant along with land of other persons was acquired for the Nagar Mahapalika Kanpur through award No. 34 dated 21. 12. 1968 for the execution of Kalyanpur Panki Pandu 'Extension and Green Belt Scheme No. 40. Total land acquired for the purpose was 497.38 acres along with some structures, trees, well etc. Preliminary notification under Section 53 of the Kanpur Urban Development Act No. 6 of 1945 was issued on 8.1.1959 and final notification under Section 60 of the same Act was issued on 23. 12. 1959.

(3.) Land acquisition Officer in the impugned award fixed compensation for the total land of the petitioner measuring 22 Bigha 2 Biswa 5 Biswansi pertaining to Khata No. 35 as Rs. 27,989.21 Paise only. Feeling aggrieved by the said award of the Land Acquisition Officer, the Claimant made a reference under Section 18 of the Land Acquisition Act for enhancement of the compensation before presiding Officer Nagar Mahapalika, Tribunal Kanpur. The claimant in that petition of reference claimed compensation of his land % Rs. 5000/- per Bigha besides damages as required under Section 48-A of the Land Acquisition Act.