PRAKASH KRISHNA, J. - (1.) THE above appeal has been filed under section 54 of the Land Acquisition Act 1894 against the original judgment and decree dated 14.3.1991 passed by Xth Additional District Judge, Allahabad in Land Acquisition Reference No.124 of 1988 where by the Court below has fixed the market value of the land of the respondents acquired under the provisions of Land Acquisition Act @ Rs.150 per square meter along with other statutory benefits.
(2.) THE backgrounds facts may be noticed in brief: The State of U.P proposed to acquire several plots being plot nos.38, 39, 40, 41, 43, 44, 45, 47, 48, 53, 54, 55, 56- 13 in numbers measuring 16 Bighas 17 Biswa situate in Village Nasibpur Bhaktiari @ Chhikatpur, Chail, Allahabad to address the residential problem of the people. The notification for acquisition under section 4 was issued on 25.10.1986. It was followed by notification dated 13.11.1986 issued under section 6 of the Act acquiring a lesser area. The said notification was published in the newspaper 'Amrit Prabhat' on 2.11.1986 and the possession was taken on 2.2.1987. The Special Land Acquisition Officer by award no. 32 of 1986-87 dated 23.4.1987 determined the amount of compensation payable to the land holders, respondent herein. Being not satisfied with the award, application under section 18 of the Land Acquisition Act was filed before the Collector, Allahabad who referred the matter with regard to determination of compensation to the District Judge,Allahabad. It was registered as L.A.R No.124 of 1988. Before the reference court, the present appellant was impleaded as one of the defendants. The claim for enhancement of compensation was contested by the present appellant by filing written statement.
(3.) THE land holders filed evidence oral and documentary in support of their case. The land holders examined Saifuddin as PW-1 and filed copies of certain sale deeds as exemplars. It may be noted that the present appellant did not lead any evidence either oral or documentary. A copy of an award passed by Special Land Acquisition Officer in respect of the adjoining plot no. 58 area one bigha 16 Biswansi (which was though proposed for acquisition in the present land acquisition proceedings was left out) was filed to show that the Special Land Acquisition Officer subsequently has awarded compensation @ 150.00 per square meter. A copy of the judgment of Reference Court in L.A.R No.122 of 1988 (Ratan Kumar Tandon and other versus State of U.P & others) dated 20.7.1989 passed by the 2nd Additional District Judge Allahabad, was also filed in evidence.;