STATE OF U.P. Vs. HAKIM SINGH

JUDGEMENT

(1.) These two appeals under Sec. 381 of U.P. Nagar Mahapalika Adhiniyam 1959 (hereinafter referred to as "Act 1959"), have arisen from a composite award dated 14.2.1984 passed by Sri J.P. Sharma, Presiding Officer, Nagar Mahapalika Tribunal, Kanpur (hereinafter referred to as Tribunal") in Reference Nos. 6 of 1981 and 7 of 1981. First Appeal No. 1198 of 1990 has arisen from Reference No. 6 of 1981 whereas First Appeal No. 1153 of 1990 has arisen from Reference No. 7 of 1981. By the impugned award, Tribunal has determined market rate for the purpose of compensation at Rs. 4,896/ - per bigha, besides, damages and solatium etc. as per statute. The Special Land Acquisition Officer (hereinafter referred to as "SLAO") had awarded compensation at the rate of Rs. 357.13 per bigha but the same has not been found adequate and appropriate market value by Tribunal and it has enhanced market value to Rs. 4,896/ - per bigha.

(2.) Mukhya Nagar Adhikari, after approval of Government, under Sec. 357 of Act 1959 published a scheme No. 40 for development of Kanpur City vide notifications dated 14.4.1962, 21.4.1962 and 28.4.1962. This scheme was known as Kalyanpur Panki Pandu Belt Extension Scheme No. 40. Final sanction was given by Government to the aforesaid scheme under Sec. 363 of Act, 1959 vide notification dated 5.10.1963. In furtherance of execution of said scheme, the Executive Engineer of the concerned Sec. of Kanpur Development Authority (hereinafter referred to as "KDA") vide letter dated 13.5.1966 proposed acquisition of 132 Bigha and 8 biswa land in Village Dabauli. However, period of scheme under Sec. 365 (4) of the Act, 1959 expired on 31.12.1968, hence, land acquisition record was consigned to record room. State Government, then extended period upto 31.12.1976. A fresh application dated 4.10.1976 was received for acquisition of land and the Executive Engineer mentioned therein that land is lying vacant and there is no structure at all.

(3.) On enquiry, it was found that in Gata No. 543 and 571 there existed certain structures and in most of the part agricultural land, trees etc., were existing, valuation whereof was not given by Executive Engineer concerned. After collecting necessary information in this regard, it was found that 54 Bigha 19 Biswa of proposed land, to be acquired, already belong to Gaon Sabha and now with Nagar Mahapalika, therefore, the proposed land to be acquired was reduced by 54 Bigha 19 Biswa. Requisite entries were made in Khasra and Khatauni. It was also found that earlier SLAO had issued notices under Ss. 9(1) and 9(3) in 1967 and objections were invited upto 27.12.1967, pursuant whereto, total 27 objections were received but despite opportunity, no written or documentary evidence was adduced by any of objectors. In order to give fresh opportunity to objectors, information was given and 8.8.1977 was fixed. Most of the objectors said that proposed land situate near industrial area of Gun Factory, and, therefore, compensation at the rate of Rs. 50 -60 per sq. yard should be paid. The rate was to be determined as it was on the date of notification under Sec. 354 of the Act, 1959, i.e. 14.1.1962. SLAO vide order dated 22.7.1980 determined market value at Rs. 357.13 per bigha.