- (1.) THE first appeal is directed against judgment/award/decree dated 29. 7. 1978 given by District Judge, Mirzapur in L. A. Reference No. 77 of 1975, Dayal Das v. Collector, Mirzapur, under sections 35 to 37, Land Acquisition Act. Through the impugned judgment, total amount of about Rs. 70,000/- was awarded along with 6% per annum interest. Thereafter, review petition was filed before the District Judge, which was allowed in part on 19. 9. 1979 and compensation was enhanced to Rs. 103492. 22. Appellant was not satisfied even by that order, hence he filed the aforesaid revision against the said order contending that a higher amount should have been awarded. Against the order passed on review State also filed FA No. 141 of 1980 (converted into F. A. F. O. No. 582 of 1987), which was dismissed as abated on 14. 3. 2002.
(2.) 34. 5 bighas of appellant's land was temporarily acquired under section 35 (1), Land Acquisition Act for construction of the approach road to the railway over head bridge at Baraunha on 23. 12. 1970 and as in terms of section 35 (2), Land Acquisition Act, parties could not arrive at any agreed compensation, hence under section 35 (3) reference was made to the Court (application for the said purpose was given on 21. 4. 1972 ).
(3.) SECTIONS 35 to 37 of Land Acquisition Act are quoted below:- "35. Temporary occupation of waste or arable land. Procedure when difference as to compensation exists.- (1) Subject to the provisions of Part VII of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a Company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of moneys, or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively. (3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. 36. Power to enter and take possession, and compensation on restoration.- (1) On payment of such compensation, or on executing such agreement or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. (2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to persons interested therein: provided that, if the land has become permanently unfit to be used to the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company. 37. Difference as to condition on land.-In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Court. ";