DHANI RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Suresh Chandra Varma assisted by Sri Rajesh Pratap Singh, learned counsel for the appellant and Smt. Raj Laxmi Sinha, learned Standing Counsel.

(2.) This appeal under Section 54 of the Land Acquisition Act read with Section 96 C.P.C is filed against the judgment and order dated 31.1.1994 passed by IInd Additional District Judge, Azamgarh whereby the reference made by the Special Land Acquisition Officer under Section 18 of the Land Acquisition Act was rejected on the ground of delay.

(3.) Brief facts of the case are that the area of 3 links in plot no. 489 and 20 links in plot no. 491, situated in Mohalla Sarfuddinpur, City Azamgarh had been acquired for the scheme namely "Nini Industrial Estate" for building purposes under the authorities of the Industries Department. These land belonged to deceased Antoo and Tapsi son of Gopi, resident of Mauja Sarfuddinpur, Pargana Nizamabad, Tehsil Sadar, District Azamgarh. The claimants are sons of Antoo and Tapsi. An award was made by the S.L.A.O. (Azamgarh) on 20.9.1969. The original tenure holders (Antoo and Tapsi) did not accept the award. The possession of the acquired land was taken by the Industries Department (Azamgarh) on 29.1.1971. On the memo of possession, there is an endorsement of Tapsi under which he appended his thumb impression stating that the possession had been delivered over the land by him to the authorities.