LAWS(ALL)-2018-2-233

COLLECTOR, VARANASI Vs. DEV BRAT AND OTHERS

Decided On February 05, 2018
COLLECTOR, VARANASI Appellant
V/S
Dev Brat And Others Respondents

JUDGEMENT

(1.) Heard learned Standing Counsel for appellant and Sri S.K. Chaubey, Advocate for respondents.

(2.) This appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as the "Act, 1894") has arisen from judgment and award dated 14.05.1990 passed by Sri C.B.D. Misra, 9th Additional District Judge, Varanasi in Land Acquisition Reference (hereinafter referred to as the "LAR") No. 89 of 1987 whereby Reference Court has increased rate of compensation and awarded same at Rs. 15,000/- per Biswa (Rs. 3,00,000/- per bigha, i.e., Rs. 99.17 per square yard).

(3.) Dispute relates to land situate in Village Ghosia, Pargana Bhadohi, Tehsil Gyanpur, District Varanasi. For constructing a 'Canal' (Nahar) at the instance of Executive Engineer, Gyanpur Canal Division, Varanasi, 17.90 acres (116 Bigha, 8 Biswa, 13 Dhur) land was sought to be acquisitioned by issuing notification under Section 4(1) on 17.12.1983 and declaration under Section 6(1) on 08.09.1984. Special Land Acquisition Officer (hereinafter referred to as the "SLAO") made award dated 28.04.1986 determining compensation at the rate of Rs. 16,846/- per Bigha (Rs. 842.30 per Biswa and Rs. 5.56 per square yard). Aggrieved thereto claimants-respondents filed application under Section 18 of Act, 1894 for making Reference to District Judge for determining compensation and pursuant thereto aforesaid LAR was registered and has been adjudicated vide judgment and award in question.