SUDHIR AGARWAL, RAKESH SRIVASTAVA, JJ. - (1.) Heard Shri P.C. Jain, learned counsel for appellant. None appeared on behalf of respondent although this appeal has been called in revised. Hence, we proceed to decide appeal exparte.
(2.) This appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act 1894") has arisen from award/judgment dated 30.07.2002 passed by Sri Musharraf Husain, 13th Additional District Judge, Agra, adjudicating Land Acquisition Reference (hereinafter referred to as "LAR") No.203 of 1993, determining market value of acquired land at the rate of Rs.1,56,000/ per bigha (Rs.51.57 per square yard). Court below has also directed that claimantrespondents shall be entitled for payment of solatium at the rate of 30% of market value, 12% additional compensation and interest for various periods, as per provisions of Act, 1894.
(3.) At the instance of Jal Sansthan, Agra (hereinafter referred to as "appellant"), proceedings for acquisition of 80 bighas, 4 biswa and 15 biswansi land in VillageBaipur Muslim, Tehsil and DistrictAgra for construction of a new Water Works were initiated by State Government by publishing a notification under Section 4 (1) of Act, 1894 on 24.10.1988. Notification under Section 6 (1) was published on 24.6.1989. Possession of acquired land was taken on 16.08.1990. Special Land Acquisition Officer (hereinafter referred to as "SLAO") made award on 9.8.1991 determining market value of acquired land at the rate of Rs.36666.67 per bigha (i.e. Rs.12.12 per square yard), besides 30% solatium, 12% additional compensation and interest at the rate of 9% from the date of compensation till one year, thereafter, at the rate of 15% till actual payment is made.;