V.C. Misra, J. - (1.) Learned counsel for the appellants and learned Standing Counsel on behalf of the respondents are present.
(2.) This appeal has been filed against the Judgment and Order dated 27.7.1990 passed by the Special Land Acquisition Officer in Land Acquisition Reference No. 190 of 1989 seeking further enhancement of the amount of compensation to Rs. 40,000/- per bigha from Rs. 20,000/- per bigha enhanced in reference. Learned Standing Counsel on behalf of the respondents has submitted that he has received no instructions from the State Government to contest this case and is also not in a position to advance arguments as required vide order dated 25.10.2004 passed by this Court.
(3.) The facts of the case in brief as per record are that the bhumidhari plot No. 1223 admeasuring 2 bighas situate in village Kanehti pargana Sikandara tehsil Phoolpur District Allahabad owned by Smt. Kailashi was acquired for constructions of Phoolpur Canal Branch. Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was published in U.P. Gazette on 7.11.1987 and Notification under Section 6 (1) of the said Act was published on 26.2.1988. The possession over the land was obtained by the Government on 13.1.1978 much prior to the date of Notification which is undisputed and the said Land Acquisition Officer allowed and awarded compensation with interest from 13.1.1978 and paid Rs. 21,883.28 paise and Rs. 6,564.98 paise as solatium. The claimant- Smt. Kailashi being aggrieved by the payment of compensation filed a reference before the District Judge, Allahabad who on the basis of pleadings, framed the following issues : (1) Whether the compensation awarded is inadequate If so, what is the just and adequate compensation (2) What is the actual date of possession of the acquired land by the opposite party (3) To what relief ;