SARASWATI DEVI Vs. U P GOVERNMENT

JUDGEMENT

(1.) This appeal by grant of special leave is directed against the judgment of the Allahabad High Court dated 9-7-1971.

(2.) A large area of land was acquired by issuance of a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") published in the Gazette on 17th July, 1947. Out of such land, an area of 19 bighas, 4 biswas, 3 biswansis and 11 kachwansis belonged to the claimants-appellants. The area in terms of square yards was nearly 59462 sq. yards. The Land Acquisition Officer determined the market value of the land on the basis of the use to which the land was put on the date of the Notification issued under Section 4 of the Act. It was held that part of the land was being used as agricultural land, and part of it was lying wholly unutilised,as the same was unfit for any practical purposes. The value of the total land on the basis of its use as agricultural land came to Rs. 600/ - only. The Additional District Judge as well as the High Court affirmed the order of the Land Acquisition Officer.

(3.) Aggrieved against the aforesaid orders, the claimants have come in appeal to this Court.