- (1.) THIS appeal is directed against the award of Civil Court dated 6. 1. 1998 passed by the IInd Additional District Judge, Jhansi in L. A. Case No. 8 of 1988.
(2.) THE State of U. P. acquired a vast piece of land of village Richhaura for the purpose of construction and establishment of Parichcha Thermal Power Station at Jhansi. The notifications under sections 4 and 6 of the Land Acquisition Act were issued by the State Government on 22. 4. 1978 and 29. 4. 1978 respectively. An area of 13 acre 3. 37 decimel land of the claimant-respondents No. 1 to 4 was included in the aforesaid notifications. The Special Land Acquisition Officer by its award dated 12. 4. 1979 awarded the compensation at the rate of Rs. 3,000/- per acre. Feeling aggrieved by the said award, an application for making a reference to the Civil Court to determine the market value of the land thus acquired was filed by the claimant respondents before the District Magistrate. The District Magistrate referred the question of market value of the land thus acquired to the Civil Court. The Court below in reference has enhanced the compensation to Rs. 35,000/- per acre. It also enhanced solatium from 15% to 30%, as also it awarded additional compensation. Feeling aggrieved against the aforesaid judgment of the Reference Court, the present appeal has been filed.
(3.) HEARD Sri Bhagwati Prasad Singh, learned Counsel for the appellant and Smt. Mala Srivastava and Sri S. C. Srivastava, Advocates, learned Counsel for the contesting respondents. The learned Counsel for the appellant has raised the following grievances, in the appeal:- 1. The reference before the Civil Court was barred by time. 2. The compensation awarded by the reference Court at Rs. 35,000/- per acre is excessive, arbitrary and against the material on record. 3. The Court below was not justified in granting the enhanced amount of solatium and interest as also the additional compensation. ;