Over 2 lakh Indian cases. Search powered by Google!

Case Details

STATE OF U.P. versus NATTHU

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


State Of U.P. v. Natthu - FIRST APPEAL No. - 662 of 1988 [2007] RD-AH 17184 (30 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No.1

First Appeal No. 662 of 1988

State of U.P ..... Appellant

versus

Nathu ......Opp.party

with

First Appeal No.656 of 1988

State of U.P ...... Appellant

versus

Hazari ...... Opp. Party

with

First Appeal No.657 of 1988

State of U.P ....... Appellant

versus

Ram Dayal .......Opp. Party

with

First Appeal No. 658 of 1988

State of U.P ....... Appellant

versus

Ghooman Singh ....... Opp. Party

with

State of U.P ....... Appellant

versus

Khalak ......... Opp. Party

with

First Appeal No.660 of 1988

State of U.P ......... Appellant

versus

Laxman ....... Respondent

****************

Hon'ble Prakash Krishna,J

The above appeals have been filed against the judgment and award dated 16.4.1988 passed by the Additional District Judge, Lalitpur in different land acquisition cases. All these appeals were heard together and are being disposed of by a common judgment as the point raised by the leaned standing counsel is common in all the appeals.

Certain piece of land along with house was acquired by the State Government for the purposes of construction of Sajnam Dam. The notification under section 4 of the Land Acquisition Act is dated 24.4.1982. The land and house of the claimant- respondent were also acquired under the said notification. The Special Land Acquisition Officer by its award dated 15.6.1985 granted compensation with respect to the constructions standing on the acquired land as also solatium, additional interest, etc. Being dissatisfied by the award, at the instance of the owners, the matter was referred to the reference court by the District Magistrate under Section 18 of the Land Acquisition Act. The reference court by the award under appeal has granted compensation @ Rs.10 per square meter. In other respect the award of the Special Land Acquisition Officer has been specifically confirmed and there is no grievance by the counsel for the parties.

The contention of the learned Standing Counsel is that the reference court has fixed the compensation @ Rs. 10 per square meter for the land underneath the construction as well as for the adjoining land.

I have carefully examined the aforesaid submission of the learned Standing Counsel. The claimant-respondent had claimed the compensation for the land @ Rs. 5 per square ft. It is not in dispute that no compensation was awarded by the Special Land Acquisition Officer for the land underneath the construction. The stand taken by the State Government was that in lieu of the said land 150 square yards' land was alloted to the claimant. However, the State Government could not lead any evidence to support the said plea. It has been noted by the reference court that no land in lieu of the land acquired was allotted to the claimant.

As regards, the market value of the land is concerned, oral evidence was led by the claimant respondent that at the relevant point of time the market value was Rs. 5 per square ft. One Prabhu Dayal, Surveyor submitted a report to the effect that in the year 1986 the sale deeds were registered in the office of Sub Registrar @ Rs. 21-40 per square meter. He was also examined as a witness. The reference court has not totally discarded the said statement of Prabhu Dyal but has partly rejected it. The relevant date for consideration was 24.4.1982, the date on which the notification under section 4 of the Land Acquisition was issued. Taking into consideration the fact that there has been escalation in the prices of land, it was reduced considerably and the reference court estimated it at Rs. 10 per square meter as on 24.4.1982. It is not correct to say that it was the case of no evidence at all. Oral evidence was led and on the basis of that the reference court has fixed the market value of the land at Rs. 10 per square meter. The fixation of the market value @ Rs. 10 per square meter does not appear to be excessive or arbitrary. The inference drawn by the reference court on the basis of the oral evidence cannot be said to be perverse or arbitrary. Even otherwise also a very small sum of Rs.4581.60 has been fixed as the total value of the land thus acquired by the State Government in First Appeal No. 226 of 1988.

Taking into the consideration the entire circumstances of the case, it is not desirable to interfere with the order of the reference court, at this distance of time.

There is no merit in the appeals. All the appeals are, therefore, dismissed. No order as to costs.

(Prakash Krishna,J)

Date 30.10.2007

IB


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.