- (1.) We have heard Shri K.K. Arora, learned counsel appearing for the appellant. Shri Ashwani Kumar Mishra assisted by Shri Vrindavan Misra appears for the Ghaziabad Development Authority-respondent no.3. Learned Standing Counsel appears for the State respondents.
(2.) This appeal under Section 54 of the Land Acquisition Act arises out of judgment and award dated 16.1.2001 passed by the 14th Addl. District Judge, Ghaziabad in Land Acquisition Reference Case No.624 of 1997, Wing Commander P.D. Bali v. State & Ors., whereby the claim of claimant appellant was allowed in part only in the reference made by him against the award of Special Land Acquisition Officer, Ghaziabad.
(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.;