STATE OF U P Vs. GUR SARAN SINGH

JUDGEMENT

(1.) THESE four first appeals are under section 54 of the Land Acquisition Act read with section 96 C. P. C. and are against a common judgment and decree dated 2nd of January, 1992 passed by the VIth Additional District Judge, Bulandshahar in Land Acquisition Reference Nos. 598 of 1991, 599 of 1991, 600 of 1991 and 601 of 1991. All the aforestated Land Acquisition References were directed against the award dated 22nd of July, 1991 delivered by Special Land Acquisition Officer, Bulandshahar in Land Acquisition case No. 63 of 1989. All the references were Consolidated and were decided by a common judgement and Reference No. 958 of 1991: Ishwar Singh v. State of U. P. giving rise to the first appeal No. 338 of 1991 was treated as the leading case. In this Court also the learned Counsel for the parties agreed that the first appeal No. 338 of 1994 may be treated as leading case and the judgment shall govern the remaining appeals as the point in issue is identical in all these matters.

(2.) FOR the purposes of construction and establishment of Alawas Dam the State Government acquired certain piece of land of village Haldauna, Pargana Dankaur, Tehsil Sikandrabad, District Bulandshahar by issuing notifications under sections 4 and 6 of the Land Acquisition Act. These Notifications were published on 25th of February, 1989 and 3rd of August, 1989 respectively. The details of plots as their number, area and name of the owners are given below: <FRM>JUDGEMENT_122_ALLLR70_2008Html1.htm</FRM>

(3.) TOTAL area of the acquired land is 15-14-0 bighas equivalent to 9-811 acres. The Special Land Acquisition Officer by the award dated 22nd of July, 1991 awarded the compensation at the rate of Rs. 30,927. 83 per pucca bigha and treated the sale deed dated llth of February, 1988 with respect to the plot No. 146 area 1-9-2 bigha in favour of Ramesh Chand executed by Harbansh Singh as the exemplar. He also found that the quality of all the lands, thus, acquired is the same. Aggrieved therewith, the respondents herein asked the District Magistrate to make reference under section 18 of the Land Acquisition Act to the Civil Court to determine the market value of the acquired land on the relevant date. The Court below by the impugned award has determined the market value of the land on the relevant date at the rate of Rs. 1,40,000/- per pucca bigha and awarded solatium at the rate of 30 per cent and additional compensation at the rate of 12 per cent per annum. Feeling aggrieved by the aforesaid award the state of U. P. has preferred the present appeal.