KRISHI UTPADAN MANDI SAMITI Vs. BISHAN DASS

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 19.11.1988 passed by Sri Narendra Singh, then Additional District Judge/Special Judge (E.C.Act), Etawah in LAR No. 76 of 1986, Bishan Das and Ors. v. State of U.P.

(2.) The facts relevant for disposal of this appeal are that on 14.6.76 a Notification Under Section 4(1) of the Land Acquisition Act (the Act) was issued by the State of U.P. for acquisition of 33.87 Acres of land situate in village Sirsamau, Pargana, Tahsil and District Etawah for construction of shopping complex of Krishi Utpadan Mandi Samiti ( the Samiti). The Notification Under Section 6(1) of the Act was also issued on 15.6.76."The-award was given by the S.L.A.O. Etawah in the above case on 12.10.78 and in that award a. sum of Rs. 3,19,888.79 paise was awarded as compensation.

(3.) An area of 2.40 acres of land situate in plots No. 834, 835, 836, 837 and 838 belonging to respondents No. 1, 2 and 3 was also acquired in the above case. Sri Bishan Das, respondent no.l aggrieved with the above acquisition, filed Civil Misc. Writ Petition No. 9035 of 1978 before this court which was decided on 4.11.1980 and since no opportunity of hearing had been provided to Sri Bishan Das in the above acquisition proceedings, the notification Under Section 6 of the Act was quashed and the writ petition was allowed to this extent.