JAHANGIR DECEASED Vs. COLLECTOR VARANASI

JUDGEMENT

(1.) Heard Sri Ashutosh Misra, learned counsel for the appellants and Sri Girish Vishwakarma, learned Standing Counsel appearing for the State.

(2.) Present appeal has been filed for setting aside the judgment and order of the Court below and to re-determine the compensation awarded to the appellants and to pay the compensation at the rate of Rs.7500/- per biswa and/or pass such other and further order which under the circumstances of the case it is deemed fit and proper.

(3.) The land of the appellant being Gata No. 157, area 15 biswa 7 dhoor situated in Village Bhitaura, District Bhadohi (now Sant Ravi Das Nagar) was acquired for the purpose of construction of Bhadohi Rajwaha Canal under the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') for which notifications under Section 4(1) and 6(1) of the Act were issued on 15.5.1984 and 3.7.1984 respectively. By the same notification, land of several other villages including village Kapuripur was acquired for the same purpose. The appellant was awarded compensation at the rate of Rs. 1130/- per biswa. Subsequently, in LAR No. 140 of 1988 (Lal Bahadur vs. Collector) compensation was awarded at the rate of Rs. 5,000/- per biswa for the land situated in adjoining village Kapuripur acquired under the same notification. Vide judgment dated 22.7.2003 passed in L.A.R. No. 250 of 1991 (Mithailal vs Collector) compensation was awarded at the rate of Rs.15,000/- per biswa situated in village Kapuripur and in L.A.R. No. 330 of 1989 (Jagnarain vs. Collector) vide judgment dated 21.4.1990 for the land situated in village Kapuripur compensation was awarded at the rate of Rs.7,000/- per biswa.