JUDGEMENT
Prakash Krishna, J. -
(1.) The present appeal arises out of judgment and decree dated
30-4-1992 passed by the VI 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-respondent
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 claim-
ants-respondents have filed cross-objection for
further enhancement of the compensation.
(3.) I have heard the learned standing counsel
for the appellant and Sri J.A.Azmi Advocate, counsel for the respondents.;
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