PANKAJ MITHAL,J. - (1.) THE claimant/appellant has preferred this appeal under Section 54 of the Land Acquisition Act (hereinafter referred to as the 'Act') for enhancement of compensation awarded for the acquired land.
(2.) ABOUT 18/19 acres of land in village Daulatpur, Pergana Shivpur, district Varansi was acquired by the State of U.P. for the benefit of Krishi Udpadan Mandi Samiti who is respondent no.3 in this appeal. The notification proposing to acquire the aforesaid land under Section 4 of the Act was issued on 12.7.76 and was followed by declaration under Section 6 of the Act dated 13.7.76. The provisions of Section 17 of the Act were invoked and the possession was taken over on 30.9.76. The Special Land Acquisition Officer made an award under Section 11 of the Act on 15.11.77 awarding compensation at the market value of Rs.461.54 per decimal. In the said acquisition certain land recorded in the name of one Ram Narain and the claimant/appellant Chhedi Lal was also acquired. Ram Narain and Chhedi Lal demanded compensation at the rate of Rs.2000/- per decimal in respect of their acquired land. Before the Special Land Acquisition Officer could make the award Ram Narain expired. Therefore, Form 11 in pursuance to the award was prepared in the name of the claimant/appellant Chhedi Lal with an endorsement that he is also the heir and legal representative of the deceased Ram Narain. Accordingly, entire compensation as per the award was paid to the claimant/appellant Chhedi Lal. The claimant/appellant Chhedi Lal was, however, not satisfied by the award and therefore, preferred a reference under Section 18 of the Act. The said reference has been decided by the impugned judgment and order dated 24.9.80 passed by the District Judge and the claimant/appellant Chhedi Lal has been awarded compensation at the rate of Rs.750/- per decimal. Still not satisfied, the claimant/appellant Chhedi Lal has come up in this appeal claiming enhancement to at least Rs.1000/- per decimal.
(3.) I have heard Sri Aditya Narain, learned counsel for the claimant/appellant, learned Standing Counsel for respondents no.1 and 2 and Sri B.D. Mandhyan for respondent no.3, Krishi Udpadan Mandi Samiti.;