MADAN LAL JAIN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional District Judge, Meerut, dt, 6th May, 1971, dismissing Land Acquisition Reference No. 70 of 1970, filed by the appellants under S. 18 of the Land Acquisition Act (hereinafter referred to as 'the Act').

(2.) It appears that the State of U.P. proposed to acquire 17 Bighas 9 Biswas of land in Meerut Town for the construction of buildings for the Meerut University. For this purpose, a notification was issued in 1965 or 1966. This notification was challenged by means of a writ petition in the High Court, which was allowed and the acquisition proceedings were quashed. Subsequently, the State of U. P. issued another notification under S. 4(1) of the Act on Nov. 13, 1967. This was followed by a notification under S. 6 of the Act. As the proceedings were considered to be of an emergent nature, the State applied S. 17-A of the Act to the acquisition and dispensed with S. 5-A. Upon the notification under S. 6 being made on 29-11-1967, possession of the land was obtained on 4-3-1968.

(3.) In the meantime, notices were distributed amongst the owners and claimants of lands under sub-sec. (3) of S. 9 of the Act. On all the three appellants, notices under S. 9(3) were served. They did not prefer any claim under S. 9 of the Act. However, other claimants than the aforesaid three appellants, whose names have been given in the award of the Special Land Acquisition Officer, preferred their objections. The Special Land Acquisition Officer determined compensation by the order dt. 3-9-1969, at the rate of Rs. 5.22 Paise per square yard. Under this award, given under S. 11, the appellants were found entitled to receive Rs. 61,930.34 Paise @Rs. 5.22 Paise per square yard. The appellants, thereafter, applied under S. 18 of the Act to the Collector for reference being made to the District Judge for determination of the correct value of the land belonging to them. They asserted that the value of the land was not less than Rs. 15/-per square yard.