LAWS(ALL)-2008-3-222

STATE OF U P Vs. MOHAMMAD ASHIK KHAN

Decided On March 13, 2008
STATE OF UTTAR PRADESH Appellant
V/S
MOHAMMAD ASHIK KHAN Respondents

JUDGEMENT

(1.) EVEN after 24 years of elevation of learned Counsel for the respondent, respondent did not engage any other counsel. Notices issued to the respondent to engage another Counsel returned un-served. Accordingly, only arguments of learned Counsel for the appellant were heard.

(2.) THIS appeal is directed against judgment, award and decree dated 26. 5. 1979 given by V. A. D. J. , Saharanpur in L. A. Case No. 56 of 1973. It appears that 25 claimants, whose lands had been acquired under Land Acquisition Act being dissatisfied with the award of S. L. A. O. , applied for making reference under section 18 of Land Acquisition Act. Accordingly, references were made. It appears that all the references were registered as one case, i. e. L. A. Case No. 56 of 1973. This appeal is confined to the claim of the respondent Mohd. Ashik Khan.

(3.) A large area of land of about 33 bighas (81279 sq. yards) was acquired. Notification under section 4 of Land Acquisition Act was issued/published on 20. 11. 1968. Land was situate in village Pathan Pura, Saharanpur appurtenant to main Saharanpur-Delhi Road. Land was acquired for construction of residence for various categories of Government Servants at Saharanpur.