BHIKKHOO Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated 31.3.84 passed by the Presiding Officer, Nagar Mahapalika Tribunal, Kanpur in Reference Case No. 11 of 1982 arising out of the Land Acquisition Award No. 141 dated 21.7.1965 by the Special Land Acquisition Officer for enhancement of the compensation. Heard Sri L.P. Singh, learned Counsel for the appellant and the learned Standing Counsel for the State and perused the record.

(2.) THE learned Counsel for the appellant submitted that the learned Presiding Officer has erred in awarding compensation at the rate of Rs. 3,267/ - per bigha only. He should have awarded compensation at the rate of Rs. 5,000/ - per bigha. The learned Presiding Officer was also not justified in reducing the amount of compensation on the ground that it was at a distance of 1/2 Km. from Kalpi Road and was a road side plot. The learned Counsel further submitted that the land of R.L. Arora is also 1/2 km, away from the Kalpi Road and in the instant case the land was acquired under the same notification. The Tribunal took the same exemplar and had reduced the rate of compensation illegally. The land of the appellant is 7 bigha 1 biswa required for Kalyanpur Panki Pandu and Green Belt Scheme No. 40. The land of the appellant is situated in industrial area near power house, petrol factory and industrial estate by the side of Kalpi Road and these factories were present when the notification were issued. In R.L. Arora's case Rs. 4,900/ - was fixed as the price of the land but this land was adjoining Kalpi Road while the land of the claimant according to his own admission is 1/2 km. away from Kalpi Road and this land has been classified as of 'B' belt by the Special L.A.O. The appellant was entitled to 2/3rd of this amount per bigha. Since this was the value of the land near about the date of the award which was delivered in 1965, therefore, this amount also included the damages. Notification regarding the acquisition of the land of R.L. Arora was issued in 1956. In this case the land was acquired three years later. The learned Presiding Officer has reduced the price of the land on the ground that the land acquired was at a distance of 1/2 km. from the Kalpi Road. Broadly speaking, the price of the land should not have been diminished on this ground because the market price of the land might have risen to that extent after lapse of three years. Since it was in the vicinity of Kanpur city the value of the exemplar of Rs. 4,900/ - per bigha is also taken in this case. The learned Presiding Officer has erred in reducing the amount of compensation. The learned Presiding Officer erred in reducing the value of the exemplar by 2/3rd in fixing it at Rs. 3,267/ - per bigha. The appellant is entitled to get interest at the rate of 9% per annum for first one year after the date of the award and at the rate of 15% per annum after one year from the date of award till the date of payment under section 28 of the Land Acquisition Act which provides as under: