- (1.) This appeal is directed against order dated 18.5.2001 of the Division Bench of the Allahabad High Court whereby it disposed of the writ petition filed by respondent No. 1 with a direction to the Housing Commissioner to provide funds for payment of additional compensation to the respondent with a further direction to the Land Acquisition Officer to pass appropriate order on the application filed by respondent No. 1 for payment of such compensation.
(2.) By notification dated 20.12.1969 issued under Section 29 of the Uttar Pradesh Avas Avam Vikas Parishad Adhiniyam, 1965 (for short, 'the 1965 Act'), the Government of U.P. proposed acquisition of a huge chunk of land for Ghazipur-Bastauli Bhumi Vikas Avam Griahsthan Yojna, Lucknow. Final declaration under Section 32 of the 1965 Act was published on 9.7.1972 and possession of the land was taken some time in March, July and September, 1973.
(3.) By an award dated 22.3.1975, the Special Land Acquisition Officer applied belting system for payment of compensation and fixed market value of the acquired land falling in first belt at Rs. 1.03 per sq.ft. For the land falling in the second and the third belt, market value was fixed at 66 paisa per sq.ft. and 33 paisa per sq.ft. respectively. He also awarded Rs. 24,687.20 for the trees and existing constructions. The Nagar Mahapalika Tribunal, Lucknow to whom the matter was referred under Section 18 of the Land Acquisition Act, 1894 (for short, 'the 1894 Act') passed an award dated 16.3.1984 whereby market value of the acquired land was substantially enhanced.;