PRAKASH KRISHNA, J. - (1.) THE present appeal arises out of judgment and decree dated 30.4.1992 passed by the VIth Additional District and Sessions Judge, Azamgarh in Land Acquisition Reference No. 10 of 1991. The contesting respondents have also filed a cross-objection.
(2.) THE land of the claimants-respondents was acquired for the purposes of construction of a canal by the State Government, although possession had been taken before the land acquisition proceedings The possession was taken in the year 1980 and the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was made on 14th December, 1988. The notification under Section 6 of the Act was issued on 3.4.1989. The land in question is Khasra Plot No. 39 in Village Imiliya. Tehsil Sadar. District Azamgarh. The area of acquired land is 532 Karis. The Special Land Acquisition Officer gave an award on 7.1.1991 against which a reference application was made in which the claimants-respondents claimed that compensation at the rate of Rs. 6,000/- per biswa should be granted to them. The Court below, that is. the Reference Court, enhanced the compensation and granted the same at the rate of Rs. 3,500/- per biswa by the order under appeal. The State Government has challenged the enhanced amount of compensation by means of the present appeal while the claimants-respondents have filed cross-objection for further enhancement of the compensation. I have heard the learned Standing Counsel for the appellants and Sri J.A. Azmi, Advocate. Counsel for the respondents.
(3.) AS many as 6 issues were framed in the Court below. Under Issue No. 1 the Court below found that the market value of the land on the date of the notification under Section 4 of the Act was Rs. 3,500/- per biswa. Under Issues No. 2 and 3 it was found that the respondents have suffered a loss of Rs. 4,000/- on account of the fact, that the canal constructed by the appellant has divided the remaining holding of the claimants into two parts and as such the claimants have suffered damages to the tune of Rs. 4,000/-. However, in the operative part of the judgment there is no mention of grant of Rs. 4,000./-. Under Issue No. 4 it was concluded that the actual possession of the land was taken in the year 1980 and as such the claimants are entitled to interest from that date. Under Issue No. 5 it was found that only 432 Kans have been acquired and not 532 Karis as alleged by the claimants. The Court below partly allowed the claim of the claimants by enhancing the compensation to Rs. 3.500/- per biswa. Solatium at the rate of 30% additional compensation at the rate of 12% and the interest at the rate of 15% from the date of actual taking of possession, that is. June, 1980 to May, 1981 and interest at the rate of 15% for the subsequent period were granted.;