In this first appeal, the State challenged a judgment determining land acquisition compensation. Upholding the finding that compensation was consistently fixed at Rs.15,000/- per biswa, the court found no error of law in the impugned judgment and dismissed the appeal.
The First Appeal is dismissed.
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Court No. - 59 Case :- FIRST APPEAL No. - 826 of 2004 Appellant :- State Of U.P. Respondent :- Rajwanti And Others Counsel for Appellant :- S.C. Counsel for Respondent :- S.M.Dayal,M.K. Pandey,Ravi Kant
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Girish Vishwakarma, learned standing counsel for the appellant.
By Notification dated 11.2.1982, under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred as "the Act"), land measuring 3 bighas 18 biswas and 16 dhurs of Village - Mahboobpur, Pargana - Bhadohi, Tehsil - Gyanpur, District - Varanasi, was acquired for construction of Bhadohi Bypass road. Notification under Section 6 was issued on 12.2.1982. The Special Land Acquisition Officer made the award on 10.10.1982. Possession was taken on 17.7.1982. In the aforesaid acquisition, land measuring 1 bigha belonging to the claimant-respondent was acquired. Subsequently, the claimant-respondent filed an application under Section 28-A of the Act for redetermination of compensation which was rejected on 7.9.1987. The order so passed was set aside by this Court on 17.11.1988, and the matter was remitted to be referred for decision by the competent Court. Accordingly, the land Acquisition Reference No.26 of 1990 was registered which has been decided by the impugned judgment dated 24.12.1992, passed by the IXth Additional District Judge, Varanasi.
In the aforesaid acquisition land of one Sri Lutful was also acquired. He filed a Reference No.104 of 1988 in which compensation was determined @ Rs.15,000/- per biswa alongwith other statutory benefits. The claimant-respondent filed in evidence the judgment of the Reference Court in Land Acquisition Reference No.104 of 1988 (Lutful Vs. Collector). Neither before the Reference Court nor before this Court the appellant could dispute that compensation to the aforesaid Lutuful for the land acquired under the same acquisition notification, was granted @ Rs.15,000/- per biswa. Therefore, the Reference Court has not committed any error of law to determine compensation for the acquired land of the claimant-respondent @ Rs.15,000/- per biswa alongwith other statutory benefits and interests.
In view of the aforesaid, I do not find any error of law in the impugned judgment. Consequently, the First Appeal fails and is hereby dismissed . Order Date :- 19.4.2019/vkg
2 issues framed by the court
Whether the impugned judgment determining compensation at Rs.15,000/- per biswa committed any error of law.
Whether compensation comparable to another similar acquisition (Reference No.104 of 1988) should be allowed.
2 provisions across 1 enactments
State Of U.P.
Rajwanti And Others
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
