- (1.) The instant appeal has been preferred under Section 54 of the Land Acquisition Act, 1894 [in short referred to as the 'Act'] against the judgment and order dated 4.6.1993 passed by the Tribunal in Misc. Case No. 25 of 1989 upon a reference made under Section 18 of the Act, against the Award dated 23.9.1986, passed by the Special Land Acquisition Officer, Sharda Sahayak Pariyojna, Lucknow, partly allowing the claim of the appellant.
(2.) Shorn of unnecessary details, the facts material for adjudication of the present case, may be stated thus: Appellant is a bhumidhar of plot no. 1341 area 16-1-7 bighas situated in village Para, Pargana, Tehsil and District Lucknow. On 13.10.1982, a notification under Section 4 of the Land Acquisition Act was published for construction of the Ring Road whereby an area of 6-10-0 Bighas of the aforesaid plot was notified for acquisition. Simultaneously a declaration under Section 6 was made on the same date and the possession of the acquired land was taken on 26.4.1984. Thereafter the Special Land Acquisition Officer made an Award on 23.9.1986 whereby award @ 0.98 paise per sq. ft was awarded to the appellant although the compensation @ Rs.10/- per sq.ft. was claimed besides the value of constructions standing thereon which include pump house, office building, manager's quarter, munshis quarter, pucca well etc. including the compensation for severance.
(3.) Being dis-satisfied with the Award made by the Special Land Acquisition Officer, the appellant preferred a reference under Section 18 of the Act, which was referred by the Collector to the Presiding Officer, Nagar Mahapalika Tribunal/Additional District Judge, Lucknow. Before the Tribunal, the appellant examined Dipankar Pandey (P.W.1), appellant himself as (P.W.2) and Farhatehullah Kirmani as (P.W.3). Apart from the oral evidence, the appellant also filed copy of the sale deeds, agreement for sale, valuation certificate of the Valuer, judgment passed by this Hon'ble Court in another case, Khatauni, copy of circle rate, copy of the village map issued by Geological Survey of India, Copies of Form-7 issued by Income Tax Department, Copy of the judgment passed in First Appeal No. 76 of 1972 and 177 of 1972, certified copy of the payment made by the Special Land Acquisition Officer and other relevant documents to establish that the compensation given by the Special Land Acquisition Officer is too low and is not based on correct appreciation of the material on record.;