HONBLE PRAKASH KRISHNA,J. - (1.) THREE brothers namely Ram Sunder, Ram Dawar and Ram Adhar sons of Sri Ram Das have filed the present appeal under section 54 of the Land Acquisition Act read with section 96 CPC against the judgment and decree dated 15th of December, 1986 passed by the IInd Additional District Judge, Varanasi in LAR No.195 of 1985 whereby the Court below has awarded the compensation for the acquired land at the rate of Rs.2,200/ per decimal as also the solatium at the rate of 30 per cent and interest etc. to the claimant appellants. Still aggrieved they have filed the present appeal for further enhancement of the compensation amount.
(2.) ALL the three appellants have expired during the pendency of the appeal and their heirs have been substituted. Initially, only the Collector, Varanasi was the respondent but subsequently, the Varanasi Development Authority, Varanasi through its Vice President has been added in the array of the parties as respondent no.2. The background facts may be noticed in brief. The State Government acquired a piece of land for the purposes of Varanasi Development Authority, Varanasi for the scheme known as Pahariya AvasYojna by issuing a notification dated 29th of September, 1983 under section 4 and notification dated 30th of September, 1983 under section 6 of the Land Acquisition Act. In the said land acquisition proceedings, Khata Nos. 105, 106 and 122 which consist of number of plots situate in Mohalla Pahariya were also acquired. The claimant appellants have one half share therein. The total area of the plots,thus, acquired consisting in the aforesaid Khatas, claimants' share is approximately 4.62 acres. The Special Land Acquisition Officer by his award dated 16.2.1985 awarded the compensation at the rate of Rs.1597.63 per decimal along with solatium at the rate of 15 per cent. Being dissatisfied with the award, at the instance of the claimant appellants, the matter was referred under section 18 of the Land Acquisition Act to the Civil Court, Varanasi for determination of the market value of the acquired land on the date of notification under section 4 of the Act. The claimant appellants claimed the compensation at the rate of Rs.15,000/ per Biswa representing the market value of the acquired land in the year 1983. The said claim having been accepted in part by the judgment under appeal, hence the present appeal.
(3.) THE following issues were framed before the Court below: 1. What was the market value of the land acquired by the award dated 16.2.1985 on the date of notification under Section 4 of the Land Acquisition Act? 2. Whether the solatium awarded by the Land Acquisition Act is inadequate? If so, to what amount of solatium are the claimants entitled? 3. Whether the claimants are entitled to get Rs.5000/ (their half share) as the value of the well constructed on the acquired land? 4. To what amount of interest, if any, the claimants are entitled? 5. To what amount of compensation the claimants are entitled? 6. To what amount of damages, if any, are the claimants entitled? ;