- (1.) AT the very outset, it is relevant to point out that the instant appeal has been filed by Krishi Utpadan Mandi Samiti and State of U.P. was arrayed as respondent no.1. Thereafter, an application was moved to the effect that the land was acquired by the State Government at the request of Krishi Utpadan Mandi Samiti, Shahabad, Hardoi and notification under Section 4 & 6 of the Act was also issued by the State Government. The State Government has contested the matter before the reference Court but inadvertently, in the memo of appeal State Government has been arrayed as one of the respondents. The application of the State for transposition was allowed by this Court vide order dated 03.11.2000 and State of U.P. was permitted to be incorporated as appellant instead of respondent no.1.
(2.) THE appellant has assailed the judgment and order dated 29.05.1992 passed by the Additional District Judge -I, Hardoi in regular Misc. Case No.151 of 1989 whereby the reference made under Section 18 of the Land Acquisition Act by the Special Land Acquisition Officer, has been allowed and the appellant has been asked to pay a sum of Rs.1,19,79,895/ - as compensation to the private respondents after deducting the amount of compensation if any paid to them during the pendency of the case.
(3.) IT is relevant to point out that during the pendency of the instant appeal, respondent No. 2 Sardar Mohd. son of Shri Mohd. Bux died on 17.02.2005 and as such his legal heirs has been substituted in the array of parties. From the perusal of the records, we find that the notification under Section 4/17 of the Land Acquisition Act (for short, "the Act") for acquisition of land in question, which is situated at Village Chakkat, Tehsil Shahabad, District Hardoi was made on 05.10.1986 and subsequently the notification under Section 7/16 of the Act was made on 26.04.1987. The purpose of acquisition was the opening of market and as such the land after acquisition was to be handed over to the appellant -Mandi Samiti for the aforesaid purpose. The Special Land Acquisition Officer after inviting objections and after giving opportunity of hearing to the concerned parties made the award on 04.01.1989 and the amount of compensation was determined as Rs.8,50,425.24 paise. The respondents aggrieved by the aforesaid amount of compensation awarded to them moved an application that the reference may be made to the District Judge for awarding adequate compensation to them in respect of the land acquired for the purpose of handing over to the Mandi Samiti. The learned Special Land Acquisition Officer after receiving objections of the respondents, made a reference under Section 18 of the Act to the District Judge. Learned District Judge transferred the case to the Court of First Additional District Judge, Hardoi, who again invited objections and after giving opportunity of hearing to the parties and after considering the material on record, allowed the reference and directed the appellant to pay a sum of Rs.1,19,79,835/ - as compensation to the contesting respondents. The Special Land Acquisition Officer as well as the reference Court both took into consideration the market value of the land as well as the structure and trees standing thereon and other admissible amounts to be paid to the private -respondents.;