DAYAL DAS Vs. COLLECTOR MIRZAPUR

JUDGEMENT

(1.) THE first appeal is directed against judgment/award/decree dated 29. 7. 1978 given by District Judge, Mirzapur in L. A. Reference No. 77 of 1975, Dayal Das v. Collector, Mirzapur, under sections 35 to 37, Land Acquisition Act. Through the impugned judgment, total amount of about Rs. 70,000/- was awarded along with 6% per annum interest. Thereafter, review petition was filed before the District Judge, which was allowed in part on 19. 9. 1979 and compensation was enhanced to Rs. 103492. 22. Appellant was not satisfied even by that order, hence he filed the aforesaid revision against the said order contending that a higher amount should have been awarded. Against the order passed on review State also filed FA No. 141 of 1980 (converted into F. A. F. O. No. 582 of 1987), which was dismissed as abated on 14. 3. 2002.

(2.) 34. 5 bighas of appellant's land was temporarily acquired under section 35 (1), Land Acquisition Act for construction of the approach road to the railway over head bridge at Baraunha on 23. 12. 1970 and as in terms of section 35 (2), Land Acquisition Act, parties could not arrive at any agreed compensation, hence under section 35 (3) reference was made to the Court (application for the said purpose was given on 21. 4. 1972 ).

(3.) SECTIONS 35 to 37 of Land Acquisition Act are quoted below:-