Prakash Krishna, J. - (1.) Present appeal arises out of Land Acquisition Reference No. 8 of 1989 and is directed against the award of Civil Court dated 24lh August, 1991, passed by the learned Addl. District Judge, Ballia, whereby he granted compensation of 0.09 acres of land at the rate of Rs. 1,80,000/- per acre, out of which claimant/respondent No. 1 is entitled to 3/8 of it; the compensation for trees and construction at Rs. 97,500/- and damages under Clauses (4) and (5) of Section 23(1) of the Land Acquisition Act at Rs. 50,000/- together with interest and solatium etc.
(2.) Feeling aggrieved against the aforesaid award, the acquiring body has preferred the above appeal under Section 54 of the Land Acquisition Act, 1894.
(3.) The land was acquired for the benefit of the appellant by issuing a notification dated 8th March, 1980 under Section 28 of the U.P. Avas Vikas Parishad Adhiniyam, read with Section 4 of the Land Acquisition Act. By means of the aforesaid notification 0.9 acres of land in village Madhavpur was acquired, which includes plot No. 195 area 0.09 acres. Claimant/respondent No. 1 is the Asami of the said plot No. 195. It is not in dispute that being Asami, he was entitled and has been rightly granted compensation at the rate of 3/8 of the total compensation awarded by the reference court. The possession of the said plot was taken on 25th March, 1980 and the award passed by the Land Acquisition Officer is dated 22nd September, 1986. It is common case of the parties that the aforesaid land was acquired for the scheme known as Harpur Bhumi Vikas Evam Grah Sthan Yojna. The reference court as noted above enhanced the compensation by the order under appeal.;