KRISHI UTPADAN MANDI SAMITI Vs. MANGU SINGH

JUDGEMENT

(1.) B. K. Sharma, J. This is first appeal preferred by Krishi Utpadan Samiti, Chandpur, district Bijnor against the judg ment and order dated 23-5-1989 passed by Sri Raj Pal Singh, the then II Additional District Judge, Bijnor in L. A. R. No. 149 of l987, Mangu Singh Claimant v. State of U. P. through Collector, Bijnor, Chairman Krishi Utpadan Mandi Samiti Chandpur whereby he partly allowed the reference under Sec tion 18 of the Land Acquisition Act with proprotionate costs and directed that the claimant shall get compensation of his ac quired land of Khasra Plot No. 690m area 19360 sq. yard (four acres) situated in Town Noorupur, district Bijnor at the rate of Rs. 45/- per sq. yard together with solatium at the rate of 30% thereon and additional amount at the rate of 12% per annum for the period from the date of publication of the notification under Sec tion 4 (1) of the Act i. e. 16-7-1985 to the date of delivery of possession i. e. 15-1- 1985 and shall also get interest on the aforesaid enhanced amount of compensa tion at the rate of 9% per annum from 15-1-1986 to 16-1-1987 and at the rate of 15% per annum from 17-1-1987 till actual payment is made.

(2.) THE claimant's land of Khasra Plot No. 690m area 4 acres (19360 sq. yards), situated in Tbwn Noorpur, Fargana Boodhpur, district Bijnor, was acquired for the purposes of construction of UP Mandi Asthal, Noorpur of Krishi Utpadan Mandi Samiti, Chandpur, district Bijnor. THE preliminary notification under Sec tion 4 (1) of the Act was published on 16-7-1985. THE notification under Section 6 (1) of the Act was published on 19-7- 1985. THE possession was taken over the ac quired land on 15-1-1986. THE Special Land Acquisition Officer, Bijnor made his award on 17-7-1987. He granted compen sation at the rate of Rs. 26,785. 71p. per acre for Gohra Awvval land and Rs. 24. 531. 24p per acre for Sawwai Awwal Aabi land together with solatium at the rate of 30% on the same and 12% addition al amount and interest. He also granted compensation of Rs. 2280/- for six Shisham trees and Rs. 10. 009/- for tube-well.

(3.) ON the basis of the aforesaid plead ings of the parties, the following issues were framed: Issues 1. Whether the Special Land Acquisition Officer has not granted fair and adequate amount of compensation, if so, what would be the fair and adequate amount of compensation ? 2. Whether the claimant is entitled to get any amount of compensation for the Ahata and Kothari as alleged in para 7 of the reference petition? 3. Whether the claimant is entitled to any amount of compensation for the trees as alleged in Para No. 8 of the reference petition ? 4. Whether the reference petition is barred by Section 18 read with Section 31 (2) of the Land Acquisition Act ? 5. Tb what relief, if any, is the claimant entitled ?