SUKHRAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant appeal under Sec. 54 of the Land Acquisition Act, 1894 (the Act) has been preferred by the landowner against impugned judgment and order dtd. 22/1/1993 passed by Third Additional District Judge, Aligarh rejecting the Land Acquisition Reference No. 11 of 1990, Sukhram Singh versus State of U.P., by holding that the Collector/Special Land Acquisition Officer (SLAO) has awarded the correct amount of compensation and also, that the reference is time barred.

(2.) Facts in brief are, that for constructing, Amarpur canal (rajvaha) from kilometre 26 -009 to 35 -706, for transmitting the waters of Central Ganges canal, land acquisition proceedings were initiated for acquiring 8.62 acre land, situated in village Jirauli Dor,Tehsil and Pargana Kol, District Aligarh, on behalf of the Executive Engineer, Madhya Ganga canal, Construction Division -Second, District Aligarh. A notification under Sec. 4(1) of the Act was published on 22/10/1979, which was published in the Gazette on 8/3/1980, and sub-sequently, a declaration under Sec. 6 of the Act was made on 7/2/1980, which was published in the Gazette on 22/3/1980. After inviting the objections of the affected landowners, the Collector passed the award No. 426/1980-81 on 11/12/1980. A declaration under Sec. 12(2) of the Act, was also made on 11/12/1980. The possession of the appellant's land was taken on 16/1/1981.

(3.) Besides others, the appellant Sukh Ram's land belonging to khata number 186, Chuck No. 329, having area of one beegha, three Biswa, 17 biswansi (0.68 acres) situated in village Jirauli Dor,was acquired for the above purpose. The appellant was held entitled to receive compensation at the rate of rupees 479.15 per acre, for his 0.68 acre land, amounting to rupees 325.82, besides this, he was also awarded solatium at the rate of 15% amounting to 48.87, in total, the appellant was awarded compensation of 374.69, under sec. 11 of the Act.