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SMT. KAILASHI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Smt. Kailashi v. State Of U.P. - FIRST APPEAL No. 739 of 1992 [2005] RD-AH 6848 (2 December 2005)

 

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 OF ALLAHABAD

                     Reserved/Court No.30

First Appeal No.739 of 1992

Smt. Kailashi (since deceased) and others Vs. State of U.P.

******

Hon'ble V.C. Misra, J.

Learned counsel for the appellants and learned standing counsel on behalf of the respondents are present.

This appeal has been filed against the Judgment and Order dated 27.7.1990 passed by the Special Land Acquisition Officer in Land Acquisition Reference No.190 of 1989 seeking further enhancement of the amount of compensation to Rs.40,000/- per bigha from Rs.20,000/- per bigha enhanced in reference. Learned standing counsel on behalf of the respondents has submitted that he has received no instructions from the State Government to contest this case and is also not in a position to advance arguments as required vide order dated 25.10.2004 passed by this Court.

The facts of the case in brief as per record are that the bhumidhari plot no. 1223 admeasuring 2 bighas situate in village Kanehti pargana Sikandara tehsil Phoolpur district Allahabad owned by Smt. Kailashi was acquired for constructions of Phoolpur Canal Branch. Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was published in U.P. gazette on 7.11.1987 and Notification under Section 6 (1) of the said Act was published on 26.2.1988. The possession over the land was obtained by the Government on 13.1.1978 much prior to the date of Notification which is undisputed and the said Land Acquisition Officer allowed and awarded compensation with interest from 13.1.1978 and paid Rs.21,883.28 paise and Rs.6,564.98 paise as solatium. The claimant-Smt. Kailashi being aggrieved by the payment of compensation filed a reference before the District Judge, Allahabad who on the basis of pleadings, framed the following issues :

1. Whether the compensation awarded is inadequate? If so, what is the just and adequate compensation ?

2. What is the actual date of possession of the acquired land by the opposite party ?

3. To what relief ?

Issue no.1 was decided in favour of the claimant and Rs.20,000/- per bigha was awarded considering it to be the market value of the land on the date of Notification. While deciding issue no.2, the Court below held that though the actual possession of the acquired land was taken in 1978, but since no specific date of possession was given by the claimant hence, the interest etc. was payable from the date of possession and the same was allowed to be calculated from 1.1.1979 with 9% interest on the amount of compensation and solatium for the year 1979 and 15% interest from 1.1.1980 till the date of actual payment.

From the perusal of the record it is also found that the claimant had filed three documents before the Court below on 9.3.1990 through index list (Fehrist) document no.1 is a question-answer dated 16.2.1990 issued by the office of the Special Land Acquisition Officer (irrigation), Allahabad wherein two questions referred herein below were answered in affirmative:

(1) Whether in village Kanehti pargana Sikandara tehsil Phoolpur district Allahabad for the purpose of construction of Phoolpur Canal Branch the department had taken actual possession of the land on 13.1.1978 ?

(2) Whether Smt. Kailashi widow of Gurdeen resident of village Kanehti pargana Sikandara tehsil Phoolpur district Allahabad was paid the interest on compensation on her land acquired for the purpose of construction of Phoolpur Canal Branch by the Special Land Acquisition Officer (irrigation), Allahabad with effect from 13.1.1978?

Ground no.(i) to the appeal also refers the date 13.1.1978 as the actual delivery of possession. Though the Court below has held that the actual possession of the acquired land was taken in 1978 it has committed an error apparent on the face of record by allowing interest with effect from 1.1.1979 to the claimant on the ground that no specific date of possession has been given by the claimant and has thus grossly erred in arriving at the said finding.

Learned counsel for the appellants has relied upon the two decisions in the case of State of U.P and another Vs. Raj Narain Singh and others, reported in ALR (Allahabad High Court) page 716 and in the case of 'D' Bock Ashok Nagar (Sahibabad) Plot holders Association Vs. State of U.P. and others, reported in ALR (Supreme Court) page 618, in respect with the entitlement of enhanced interest by the claimant from the date of taking over the possession. Accordingly, the appellant-claimant is found entitled to the enhanced interest from 13.1.1978 the actual date of taking over the possession at the rate of 9% for one year and thereafter at the rate of 15% till the date of actual payment.

Under these circumstances, this appeal is disposed off accordingly in terms of the above said observations with no order as to costs.

December 2, 2005

Hasnain


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

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