STATE OF U.P. Vs. RAJA MOHAN SINGH

JUDGEMENT

(1.) Heard Sri H.P. Srivastava, learned Additional Chief Standing Counsel appearing on behalf of the appellant and Sri Anupam Mehrotra, learned Counsel for the respondent Nos. 1/1, 1/2 and 1/3. Through the instant First Appeal under section 54 of the Land Acquisition Act, appellant-State of U.P. challenged the judgment and decree dated 31.5.1989 passed by the Additional District Judge-III, Raebareli in Raja Mohan Singh v. State of U.P. and others, Land Acquisition Case No. 23 of 1986 whereby compensation awarded by the Special Land Acquisition Officer (Housing), Collectorate, Kanpur on a reference under section 18 of the Land Acquisition Act, 1894 at the rate of 1.65 per square feet was enhanced to the tune of Rs. 2.25 per square feet alongwith solatium and interest.

(2.) Shorn off unnecessary details the facts of the case are as under:

(3.) The Special Land Acquisition Officer of the Parishad gave award on 19.3.1985, whereby compensation was determined at the rate of Rs. 1.65 per square feet according to the prevailing market rates. As the solatium and interest were not fixed by the award dated 19.3.1985 and as such, the said award dated 19.3.1985 was modified vide award dated 18.9.1986, whereby 30% as solatium and 12% additional compensation were awarded to the respondent No. 1.