STATE OF U P Vs. PURSHOTTAM DAS

JUDGEMENT

(1.) SINCE all the aforesaid first appeals are connected and have been heard analogously, the same are being decided by this common judgment and order having binding effect upon all the aforesaid appeals. The First Appeal No. 42 of 1997 which has been dealt with first herein, will be considered as leading case.

(2.) THE facts in brief giving rise to the aforesaid appeals are as under : First Appeal No. 42 of 1987 : This appeal has been filed by the State of Uttar Pradesh through the Collector, Gorakhpur and Union of India through the Ministry of Defence, New Delhi. Initially a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter called as the 'Act') was issued on 14th March, 1970 which was subsequently modified and fresh one was issued on 26th October, 1971. By way of such notification land situated in Village Mahadeo Jharkhandi, Tukra No. 3, district Gorakhpur was acquired. THE acquisition was made by the State of Uttar Pradesh for the Union of India. THE purpose of acquisition was construction of residential quarters for the married persons of Air Force posted at Gorakhpur. Possession of the land was taken on 15th December, 1971 and total acquired area, subject-matter in this appeal, is 0.51 acres. Land Acquisition Officer (hereinafter called as the 'L.A.O.') by its order dated 31st July, 1975 awarded compensation at the rate of Rs. 8,000 per acre. THEreafter, application for reference under Section 18 of the Act was made on 6th December, 1980 which was registered as L.A.R. No. 185 of 1981. Before the Court of reference, the case of claimants was that the land is situated quite adjacent to the Gorakhpur Cantt. Station of North East Railway, North East Railway Bridge Workshop, Signal Workshop, Nina Thapa Inter College and other markets like Girdharganj alias Takiya Bazar, Turk Nala Bazar and Padri Bazar ; the land of close proximity was being developed for a building site where Madan Mohan Malviya Engineering College and Gorkha Regiment Convent School, Aerodrum and Colony for Air Force Officers have already been constructed ; the land has got potential value of the building site. THE claimants demanded compensation of the land at the rate of Rs. 4 per square foot ; compensation for severance of land from other portions thereof Rs. 10,000 and compensation for standing crops, which they could not harvest at the time of taking over possession. To the aforesaid reference, objection was filed on behalf of the State of Uttar Pradesh alleging that the L.A.O. had correctly assessed the market value of the land @ Rs. 8,000 per acre ; the claimants were given sufficient time to harvest the crop and in any case no damage was caused to them ; the claimants suffered no loss for the severance of the land from their holdings ; and the land had no potential value of a building site. Court of reference vide its judgment dated 25th August, 1986 awarded compensation of the land at the rate of Rs. 1.25 per square foot, i.e., Rs. 54,500 per acre, solatium @ 30%, interest @ 12% from the date of notification under Section 4 of the Act till the date of taking over possession and interest @ 9% from the date of award till the date of actual payment. Prayer for compensation towards severance of land and crops was rejected. Against this judgment of the court of reference, present appeal has been filed. First Appeal No. 43 of 1987 :

(3.) THIS appeal has been filed by the State of Uttar Pradesh through the Collector, Gorakhpur and Union of India through the Ministry of Defence, New Delhi. Notification under Section 4 of the Act was issued on 26th October, 1971. Total area of land comprising 5.70 acres situated in village Mahadeo Jharkhandi, Tukra No. 3, district Gorakhpur was acquired by the State of Uttar Pradesh for the Union of India. The purpose of acquisition was construction of residential quarter for the employees of Air Force. Possession of the land was taken on 15th December, 1971. L.A.O. by its order dated 31st July, 1975, passed in Land Reference No. 40 of 1982, awarded compensation at the rate of Rs. 8,000 per acre. Before the court of reference, case of claimant was that the land is situated quite adjacent to the Gorakhpur Cantt. Station of North East Railway, North East Railway Bridge Workshop, Signal Workshop, Nina Thapa Inter College and established markets like Girdharganj alias Takiya Bazar, Turk Nala Bazar and Padri Bazar ; P.H.C. Camp Bichhiya and Madan Mohan Malviya Engineering College, Gorakhpur situate within distance of one furlong ; the sehan land of the house of the claimant was also acquired and market value of the land acquired was Rs. 5 per square foot, therefore, the claimant filed an objection under Section 9 of the Act and claimed compensation at the rate of Rs. 5 per square foot for the land, Rs. 600 for a hut and Rs. 10,000 for standing crops. Court of reference vide its judgment dated 25th August, 1986 awarded compensation of the land at the rate of Rs. 1.25 per square foot, solatium @ 30%, interest @ 12% from the date of notification under Section 4 of the Act till the date of taking over possession ; interest @ 9% from the date of award till the date of actual payment and Rs. 600 as compensation for hut. Prayer for compensation towards severance of land and crops was rejected. Against the judgment of the court of reference, present appeal has been filed. First Appeal No. 45 of 1987 :