MUMTAZ ALI KHAN Vs. COLLECTOR RAMPUR U P

JUDGEMENT

(1.) This is an appeal which arises out of judgment dt/-20-11-73 passed by the learned District Judge, Rampur in Land Acquisition Case No. 24/71, Mumtaz Ali Khan v. Collector, Rampur.

(2.) The claimants were Ex Zamindars. The land in question- was in possession of occupancy tenants (Only landlord claimants have preferred reference under S. 18 of the Land Acquisition Act as well as this appeal and not the tenants). The total acquisition was 3.30 acres land the notification under S. 4 of the Land Acquisition Act was issued on 19-3-62. The possession was taken on 21-1-65. The Special Land Acquisition Officer (SLAO) gave his award on 22-3-70. The land in question was agricultural land on the date of notification under S. 4 aforesaid. But the SLAO took into consideration the potential value of the land as it could be used for building purposes too. He accordingly valued the land 1.75 paisa per square yard. As the land was actually in possession of the occupancy tenants, the share of compensation was apportioned in the ratio of 10 for claimant Zamindars and 6 for tenants. Total amount including interest @ 6% from the date of possession was allowed to the claimants, which came to Rs. 25604.30 paisa under the award.

(3.) On the request of the claimants, reference under S. 18 of the Land Acquisition Act was made and heard by the learned District Judge, Rampur.