- (1.) RAJESH Tandon, J. Heard the Standing Counsel for the State and Shri Sarvesh Agrawal, coun sel for the respondents.
(2.) BY the present appeal field un der Section 54 of Land Acquisition Act, the appellant has prayed for setting aside the order dated 24. 5. 1985 passed by the Special Judge, (A. D. J.), Nainital. Briefly stated, a reference was made by the claimants stating therein that the Government of U. P. acquired 3. 39 acres of land situate at village Ujjain, Kasipur, District Nainital for the Central Warehousing Corporation. Noti fications under Section 4 (1) and 6 (1) of the Act were issued on 22. 4. 1975 and 20. 7. 1976 respectively and the posses sion of the land was taken on 14. 8. 1976. The acquired land included the following land belonging to the claim ants : (a) Khasra no. 448 area 1. 93 acres. (b) Khasra no. 449 area 0. 20 acres and (c) Khasra no. 450 area 0. 20 acres. It has also been submitted that at the time of acquisition, 120 chabutras, each measuring 30' x 20' and 9" high, boundary wall, two office rooms, one hand pipe, latrine, bathroom, one cul vert and roads having a total value of about Rs. 1,00,000/- were in existence and all these constructions were in the tenancy of the Food Corporation of In dia on a monthly rental of Rs. 5,400/ -. It has been alleged that the Land Ac quisition Officer has erred in not allow ing Rs. 1,00,000/- as compenstion for the existing constructions and the value of the land was under assessed. A written statement has been filed on behalf of the Collector, Nainital and the claim of the applicant was con tested on the grounds that the construc tions were not worth Rs. 1,00,000/- and they were old and damaged. The Chabutras were 73 in numbers and af ter due consideration of all the points adequate compensation has been awarded.
(3.) THE Special Judge (A. D. J.), Nainital has framed two issues for consideration, which are quoted below 1. Whether the compensation awarded to the claimants is in adequate? If so, to what amount of compensation are the claimants entitled? 2. To what relief, if any, are the pe titioners entitled? While deciding the issue no. 1, a finding has been recorded to the follow ing effect : "the compensation awarded to the applicants is inadequate and they are entitled to recover Rs. 1,50,723/- as compensation, in for the land acquired and Rs. 3,672/- as compensation for the constructions, chabutras, handpump and the boring existing on this land. Thus, they are entitled to a total amount of Rs. 1,54,395/-from the Opp. Party. They are also entitled to recover interest on this amount @ 6% per annum from the date of their dispossession and also the cost of the reference. ";