- (1.) HEARD learned counsel for the appellant, learned Standing Counsel and perused the record.
(2.) FACTS , in brief , of the present case are that in order to implement a scheme known as Indira Nagar Bhoomi Vikas Evam Grigh Stahan Yojna No.1, Rae Bareli, certain lands have been acquired which situate in village Ahmadpur, Pargana, Tehsil and District Rae Bareli from the land owners . In this regard Notification under Section 4 of the Land Acquisition Act has been published on 7.4.1973 and possession taken on 4.10.1980. In the instant matter, respondents/claimants, who are owners of the land recorded as Khata No. 966/2 situate in village Pure Kaptan Majra Ahmadpur District Rai Bareli , the Special Land Acquisition Officer by means of award has granted compensation to the claimants/ respondents. Aggrieved by the said facts, claimants/respondents filed a case/ reference under Section 18 of the Act registered as Land Acquisition Case No. 13 of 1988 before IIIrd Additional District Judge, Rae Bareli. The said authority by means of judgment and award dated 22.12.1988 enhanced the compensation from Rs. 4.25 per sq. yard to Rs. 9.91 per sq. yard and ordered for payment of solatium at the rate of 30% instead of 15% and granted interest form the date of taking over possession at the rate of 9% and additional compensation ( Paritikar) at the rate of 12% between the date of notification and the date of possession . Aggrieved by the said facts, present appeal has been filed under Section 54 of the Land Acquisition Act read with Section 55 of the U.P. Act No. 1 of 1966.
(3.) AFTER hearing learned counsel for the parties and going through the record , the point which to be determined in the present appeal is as under: - " Whether the action on the part of the court below thereby enhancing the compensation from Rs. 4.25 per sq. yard to Rs.9.91 per sq. yard is correct or not - In order to decide the said controversy , it will be appropriate to go through the provisions as provided under Section 23 of the Land Acquisition Act which reads as under : - "23. Matters to be considered in determining compensation - (1) in determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration - firstly, the market -value of the land at the date of the publication of the [notification under Section 4 , sub -section (1) ]; Secondly, the damage sustained by the person interested , by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; thirdly, the damage( if any) sustained by the person interested at the time of the Collector's taking possession of the land , by reason of severing such land from his other land; fourthly, the damage ( if any) sustained by the person interested , at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously effecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, if , in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses( if any) incidental to such change; and sixthly, the damage( if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under Section 6 and the time of the Collector's taking possession of the land.";