BHAGVATI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) PRADEEP Kant and Abhinava Upadhya, JJ. It has not been disputed by the learned Counsel for the State nor there is anything on record to rebut the plea that the petitioner's land bearing Gata Nos. 5 and 12, an area of 2 Bigha, 7 Biswa, 8 Biswansi was used for construction of canal. The possession of which was taken by the Executive Engineer, Sharda Canal Pariyojna, District Barabanki, though without taking any proceeding of acquisition under the provisions of Land Acquisition Act.

(2.) THE dispute arose as the petitioner was not initially paid compensa tion but when the compensation was paid, he was not paid the interest. This led to the filing of present writ petition.

(3.) IF the land or property of any person is acquired under the provision of Land Acquisition Act, the complete machinery has been provided for the award of compensation along with the interest etc. In a case where acquisition proceedings have not been undertaken but even then the land/property of the person has been taken under possession by the State, such a person would still be entitled to have the compensation which compensation is to be calculated on the same principles and in the same manner as is given in the Land Acquisition Act irrespective of the fact that the acquisition has not been done under the said Act.