STATE OF U.P. Vs. RAM RAKHAN

JUDGEMENT

(1.) These two First Appeals arise out of a common order dated 20th Feb., 1976, passed by the Presiding Officer of the Nagar Mahapalika Tribunal. Kanpur in a Land Acquisition Reference No. 341 of 1971. It pertained to the acquisition of land in village Usmanpur, Pargana and Tehsil Kanpur The Tribunal enhanced the compensation awarded to Rs. 61,839.50 p. i. e. by Rs. 9,260.66.

(2.) First Appeal No. 57 of 1977 has been filed by the State of U.P. The relief sought is for allowing the appeal and reducing the amount of compensation to the amount awarded by the Special Land Acquisition Officer i e. Rs. 52,778-85. This appeal is valued at Rs. 95,260.65. The appeal filed by the claimants, Ram Rakhan and Surendra Nath, appellants in First Appeal No. 59 of 1977, is valued at Rs. 20.009. In this appeal the claimants have sought relief for enhanced compensation. Learned counsel for the claimant appellants. Also urged that the claimants were entitled to an increased amount of solatium under the amended Sec. 73(2) of the Land Acquisition Act and to higher rate of interest under the amended Sec. 28 of the Land Acquisition Act, 1984 (hereinafter referred to as the Act).

(3.) For the extension of the municipal limits of the Nagar Mahapalika a schemes, know as Southern City Extension Scheme No. 11 was initiated. Initially notification was published under Sec. 53 of the Kanpur Urban Area Development Act (Act No. VI of 1945) on 2nd Nov., 1946. The final notification under Sec. 60 of the above Act was issued on 5th Dec., 1956. The scheme envisaged acquisition of 226.44 acres of land. The appellants Ram Rakhan and Surendra Nath were owners of 15 Bigha 19 Biswa of Land. For the above area they claimed compensation at the rate of Rs. 2 per sq. yard and Rs. 2,000 as compensation for trees. They where under the impression that their house was also under the acquisition and they made claim, therefore, in relation to house but the house was not acquired and consequently the payment of compensation for the same did notarise. The Special Land Acquisition Officer allowed Rs. 2,900 per Bigha for the land falling in belt B and Rs. 3,900 for the land falling in belt A. He also awarded solatium at the rata of 15% to the appellants under Sec. 23(2) of the Land Acquisition Act. He also awarded Rs. 800 as compensation for the trees. In all the Special Land Acquisition Officer awarded Rs. 52,578.85 to the appellants, half of which was to go to each of the two claimants.