DHARAMVIR Vs. STATE OF U P

JUDGEMENT

(1.) Both these appeals under Section 54 of Land Acquisition Act, 1894 (herein after referred to as the "Act, 1894") read with Section 96 of the Code of Civil Procedure (herein after referred to as the "C.P.C.") have arisen from a common Award/judgment and decree dated 01.011.2003 passed by Sri S.K. Bhatt, Additional District Judge, Court No. 3, Bijnor, adjudicating 5 Land Acquisition References (herein after referred to as the L.A.R.) determining market value of acquired land @ Rs. 135/- per sq. meter.

(2.) In the present two appeals, we are concerned with the aforesaid Award dated 01.11.2003 with reference to L.A.R No. 17 of 1995 which is subject matter of challenge in First Appeal No. 221 of 2015 and 72 of 1994 which is under consideration in First Appeal No. 220 of 2015.

(3.) At the instance of Hindustan Petroleum Corporation Ltd. (herein after referred to as the H.P.C.L), for construction of Petroleum Product Depot, State Government initiated proceedings for acquisition of land under the provisions of Act, 1894. Notification Under Section 4(1) was published on 07.07.1991 and under Section 6(1) of Act,1894, on 05.10.1991. Possession of land was taken on 17.12.1992. Award by Special Land Acquisition Officer (herein after referred to as the S.L.A.O) was pronounced on 05.10.1993. The disputed land sought to be acquired, situate in village Tatarpur Lalu, Rahu Kheri Kora and Rahu Jhedi Gadhu, Tehsil Najibabad, District Bijnor. Total area of acquired land, in three villages mentioned above is as under :- <FRM>JUDGEMENT_22_LAWS(ALL)8_2015.html</FRM>