- (1.) This first appeal under Section 54 of the Land Acquisition Act preferred by the Ghaziabad Development Authority, Ghaziabad through its Vice Chairman/ Secretary (defendant/appellant) arises out of judgment and decree dated 16.1.2001/29.1.2001 passed by the XIV Addl. District Judge, Ghaziabad in Land Acquisition Reference No.624 of 1997 under Section 18 of the Land Acquisition Act.
(2.) We have heard Shri Ashwani Kumar Mishra, Sr. Advocate assisted by Shri Vrindavan Misra for the appellant. Shri K.K. Arora appears for the respondents.
(3.) The land in Khasra No.437 area 3 bigha 4 biswa (9680 sq. mtrs.) in Village Dasana Distt. Ghaziabad was acquired by the State Government under the Land Acquisition Act, 1895 (the Act) included in the total acquired area of 146 bigha 17 biswa and 19 biswansis vide notification under Section 4/17 of the Act dated 18.8.1988 for which the notification under Section 6/17 was published on 3.10.1988. The possession of the land was taken on 14.12.1988. The award under Section 23 of the Land Acquisition Act was declared on 7.12.1990. A supplementary award for plot no.437 area 3 bigha 4 biswa, which is subject matter of this appeal was declared on 10.8.1997 for the structures and trees standing on the plot for which no assessment was made and compensation thereof was not paid.;