- (1.) This is a First Appeal under Section 54 of the Land Acquisition Act against the judgment and order dated 10.11.2008, passed by the Addl. District Judge/ Prescribed Authority, Nagar Mahapalika Tribunal, Lucknow in Land Acquisition Misc. Case No.30 of 2004. By the impugned award, learned tribunal has enhanced the compensation from Rs.5.70 per sq. ft. to Rs.23.75 per sq.ft. Feeling aggrieved with the enhancement of compensation, the appellant State has preferred the present appeal.
(2.) A land measuring 0.446 hectare of Khasra No.954, situate at Aurangabad, Pergana, Bijnore, District Lucknow was acquired by the State Government for expantion of Lucknow Airport at Amausi. The Land Acquisition Officer in pursuance to the power conferred by Section 18 of the Act awarded compensation at the rate of Rs.5.70 per sq. ft which was enhanced to Rs.23.75/- per sq. ft by the tribunal is the subject matter of dispute before this Court in the present appeal.
(3.) Mr. D.K. Pathak, learned Addl. Chief Standing Counsel while assailing the impugned award submits that in the nearby place where a land was purchased for literacy house, the sale deed was executed at the rate of Rs.5.70 per sq.ft, hence the Land Acquisition Officer has rightly awarded the compensation at the rate of Rs.5.70 per sq.ft.;