ROOP NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal under Sec. 54 of the Land Acquisition Act, 1894 has been filed by the land owner challenging the award and decree dtd. 8/8/2007 passed by the Court of Shri B.D.Verma, Special Judge E.C. Act, Mirzapur in L.A.R. No.9 of 1996, Roop Narain(Deceased) through LR's and others vs. State of U.P. and others, whereby for the land acquired in Village Natwa, Pargana and Tehsil Kantit, District Mirzapur for constructing a 220 KV sub-station of the U.P. State Electricity Board, compensation at the rate of Rs.26,624.00 per bigha, awarded by the Collector vide award dtd. 28/9/1993 was upheld.

(2.) The facts of the case briefly stated are that for constructing a 220 KV sub-station of the U.P. State Electricity Board, 30.340 acres land was acquired in Village Natwa, Pargana and Tehsil Kantit, District Mirzapur. The notification under Sec. 4(1) of the Land Acquisition Act, was issued on 19/3/1991, a declaration under Sec. 6(1) of the Act was made on 27/9/1991, the possession of the acquired land was taken on 3/2/1993, the award of the Collector was made on 28/9/1993.

(3.) The appellant's land measuring 6 bigha 2 biswa was acquired for which he was awarded compensation at the rate of Rs.26,624.00 per bigha, for a well situated on the land, he was paid compensation of Rs.3,076.00, for a house standing on the acquired land, he was paid compensation of Rs.13,600.00 and for three mango and one aonla tree standing on the acquired land, he was paid compensation of Rs.10,680.00, in all the appellant was paid compensation of Rs.2,49,919.92 paise for his acquired land. Besides this, the appellant was also paid statutory benefits i.e. solatium at the rate of 30%, additional compensation at the rate of 12 % per annum and statutory interest admissible under the Act.