RAMADHAR Vs. STATE OF U.P.AND OTHERS

JUDGEMENT

(1.) THESE First Appeals have been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') by either the claimants or the Krishi Utpadan Mandi Samiti (hereinafter referred to as the 'Mandi Samiti') for whose benefit large area of land situated in three adjoining villages Mundera, Neem Sarai and Chak Maida Patti in Tehsil Chail, District Allahabad were acquired for construction of a Mandi Samiti. Out of these 22 First Appeals, three First Appeals have been filed by the claimants for enhancement of the market rate determined by the Reference Court while the remaining 19 First Appeals have been filed by the Mandi Samiti for reduction of the market rate. The particulars of all the First Appeals are contained in the Schedule to this judgment.

(2.) THE notification under Section 4(1) of the Act for acquisition of land situ­ated in these three villages was issued on 12th January, 1977 and the declaration under Section 6 of the Act was made on 26th January, 1977. The Special Land Acquisition Officer gave the award under Section 11 of the Act in respect of the land acquired in village Mundera on 11th June, 1980 and for the land acquired in villages Neem Sarai and Chak Maida Patti on 10th July, 1981. The Special Land Acquisition Officer determined the market rate of the land for villages Mundera and Chak Maida Patti at a uniform rate @ Rs.2400/- per bigha while for the land acquired in village Neem Sarai, the Special Land Acquisition Officer adopted the belting system. The market rate of the land falling in the first, second and third belt was determined at Rs.20, 338.98 per bigha, Rs.13, 559.32 per bigha and Rs.10, 169.49 per bigha respectively. The Reference Court, however, has determined the market rate of the land situated in these three villages at different rates namely Rs.4000/- per bigha, Rs.20, 000 per bigha, Rs.20, 338.98 per bigha, Rs.15, 000 per bigha, Rs.10, 000 per bigha, Rs.40/- per sq. meter and Rs.10 per sq. yard.

(3.) THE first three First Appeals mentioned in the aforesaid chart relate to village Mundera, the First Appeals mentioned from Serial Nos. 4 to 12 in the chart relate to village Neem Sarai while the First Appeals mentioned from Serial Nos. 13 to 22 in the chart relate to village Chak Maida Patti. It would, therefore, be appropriate to separately deal with the Awards relating to these villages. MUNDERA