K.P. Singh, J. - (1.) THIS appeal has been preferred by the State of U.P. under Section 54 of the Land Acquisition Act against the decision of Shri R.C. Varma, Presiding Officer, U.P. Housing and Development Board Tribunal, Allahabad, dated 31 -3 -1978 in A.V.P./L.A. References Nos. 12 and 13 of 1977 Smt. Begum Saleha Hadi Hasan v. State of U.P.
(2.) ELEVEN Bighas and odd land of the contesting respondent Smt. Begum Saleha Hadi Hassan was acquired by the petitioner. for Avas Avam Vikas Parishad under Mahdauri Housing Scheme at Allahabad. The aforesaid respondent had claimed compensation at the rate of Rs. 20/ - per sq. yard. The Special Land Acquisition Officer through his award dated 13 -8 -1976 determined the compensation at Rs. 52699.12 for the land acquired. Aggrieved with the amount of compensation determined by the Special Land Acquisition Officer, the aforesaid respondent filed applications under Section 18 of the Land Acquisition Act giving rise to the References Nos. 12 and 13 of 1977 which have been dealt with by the Tribunal through the impugned judgment. Now, aggrieved by the decision of the Tribunal, the State of U.P. has preferred the above -noted appeal. The learned Counsel for the appellant has contended before us that the contesting respondent was not entitled to any compensation regarding the Land acquired as the was only an occupancy tenant and the State was the owner of the disputed property.
(3.) SECOND contention raised on behalf of the appellant is that the contesting respondent had not made specific claim for the well, boundary wall, Maveshi Khana, Bardauli, other constructions, trees and standing crops over the area acquired, in her objection under Section 9 of the abovementioned Act. Therefore, the Tribunal has acted illegally in awarding compensation to her with regard to the aforesaid items.;