COLLECTOR VARANASI Vs. DARIYAO SINGH

JUDGEMENT

(1.) THIS appeal under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) is directed against the judgment, order and award dated 3. 11. 1989 and the consequential decree of the Reference Court passed in LAR No. 77 of 1988 (Dariyao Singh v. Collector, Varanasi) by which the reference Court has enhanced the compensation of the acquired land awarded by the Special Land Acquisition Officer (S. L. A. O. ).

(2.) AT the behest of the Executive Engineer, Chandraprabha Khand, Varanasi the State of U. P. notified to acquire 10. 42 acres of land of various villages for increasing the capacity of Narainpur Pump Canal having a length of about 20 Kms. The notification under section 4 of the Land Acquisition Act was issued on 31. 5. 1986 and was followed by a declaration under section 6 of the Act dated 19. 7. 1986. By the aforesaid notifications agriculture land having an area of"0. 28 acres of the claimant-respondent situate in Village Dhurikot, Pargana Majhwar, Tehsil Chandauli, District Varanasi was also acquired. The Special Land Acquisition Officer vide award No. 80 of 143 dated 30. 7. 1987 offered market value of Rs. 2,16,875. 34 paise per acre along with statutory benefits. The claimant-respondent was awarded a sum of Rs. 8,384. 81 paise as compensation. He was not satisfied by the compensation so offered. Therefore, he preferred a reference under section 18 of the Act claiming market value @ Rs. 1,60,000/- per acre. The Reference Court on the basis of the judgment and order dated 18. 9. 1989 passed in LAR No. 352 of 1988 (Kailash Bhushan v. Collector, Varanasi) determined the market value @ Rs. 67,200/- per acre of the acquired land.

(3.) AGGRIEVED by the aforesaid enhancement the Collector, Varanasi has preferred this appeal.