Briefly stated facts of the present case are that by Notification dated 7.12.1980/14.3.1981, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), land measuring 1.515 acres of Village - Mahmoodpur, Pargana & Tehsil - Bilari, District - Moradabad, was acquired by the appellant for establishing a sub station switch gear room and residential quarters of employees of Electricity Department. Notification under Section 6 of the Act was issued on 18.11.1980/14.3.1981. Actual possession was taken on 11.5.1976. The Special Land Acquisition Officer passed the award on 26.12.1981, offering Rs.16/- per sq. meter as compensation for the acquired land. Dissatisfied with the award the appellant as well as the claimants filed Land Acquisition References No.23 of 1982 (U.P. State Vs. Masit and Ramzani) and Land Acquisition Reference No.15 of 1982 (Masit and Ramzani Vs. State) both the references were heard together and were decided by the impugned judgment dated 10.10.1983, passed by the 3rd Additional District Judge, Moradabad, determining compensation @ Rs.25/- sq. meter. Aggrieved with this judgment the appellant has filed the present First Appeal.
