STATE OF U P Vs. BECHAN

JUDGEMENT

(1.) THE present appeal by the State of U. P. is directed against the judgment and order dated 3-7-1978 passed by the District Judge, Mirzapur in a reference under section 18 of the Land Acquisition Act 1894 (for short the Act) for determination of the amount of compensation due to the respondents in respect of certain plots of land in an area of 14 bighas & 14 dhurs situate in Village Dumduma, Pargana Haveli, Tahsil Chunar, District Mirzapur. THE land was acquired by the U. P. Cement Corporation Ltd., Churk, Mirzapur for the construction of Railway Siding and other Allied Works for the grinding and packing plant, for blast furnace of slag cement at Chunar.

(2.) THE facts are few and simple. Notifications under sections 4 and 6 of the Act were published in the U. P. Gazette (Extra-Ordinary) on 22-11-1976 and 23-11-1976 respectively. THE possession was taken by the Collector on 11-1-1977. THE District Land Acquisition Officer, Mirzapur awarded a sum of Rs. 17,686.72 as compensation for the land, a sum of Rs. 152.46 for the price of the trees and Rs. 10,622.55 for the crops. THE award was challenged by a reference under section 18 of the Act. THE District Judge, Mirzapur decided (the Land Acquisition Case No. 63 of 1977) the reference by the impugned judgment and order. THE compensation was enhanced in reference at the rate of Rs. 8,000/- per bigha and a sum of Rs. 1,57,600.00 was determined as the compensation for the land. THE price of trees and crops remained the same as awarded by the District Land Acquisition Officer. A total sum of Rs. 1,68,375.01P was ordered to be paid as compensation of the land including price of trees & crops. Solatium at the rate of 15 per cent op the sum payable as compensation as also on the price of trees & crops was awarded. A total sum of Rs. 1,93,631.26 P. was awarded to the respondents including solatium.

(3.) HAVING heard the learned counsel for the parties the points for our determination are (i) whether in view of Section 23 (1) of the Act the amount of compensation has correctly been fixed at the rate of Rs. 8,000/- per bigha, & (ii) whether under section 23 (2) of the Act the solatium could be awarded on the price of trees and crops also apart from the amount of compensation payable in respect of the land.