- (1.)This is the first appeal filed under section 54 of the Land Acquisition Act against the judgment and decree dated 12.12.2004 passed by the Nagar Mahapalika Tribunal, Lucknow in Misc. Case No. 233 of 1990, Smt. Hubraja v. State of U.P. and another. The brief facts of the case are that the appellant has acquired the land of the claimant-respondent for development of Kanpur Road Nagar Prasar Yojna, Part III. The land of the claimant-respondent was located at Gram Qasim Pakari having total area 1-1-10-0 bighas. Necessary notifications under sections 4 and 6 were issued on 8.3.1985 and 11.3.1985. The actual possession was taken on 29.3.1985. The S.L.A.O. vide its order dated 7.3.1987 has awarded compensation at the rate of 1.72 per sq. ft. Not being satisfied, the claimant-respondent has filed a Reference before the Tribunal, who, vide its impugned order, has enhanced the compensation at the rate of Rs. 4/- per sq. ft. Not being satisfied, the appellant has filed the present appeal.
(2.)With this background, learned Counsel for the appellant, submits that the Tribunal has recorded its decision in First Appeal No. 81 of 1998 in the case of L.D.A. v. Gurumukh Singh. He further submits that in the absence of proof of actual development, the Tribunal has erred in holding that on the date of notification, the acquired land was a developed land. He also submits that the Tribunal has also erred in not considering the plea of appellant that the claim of respondent was hit by the provisions of Urban Land (Ceiling and Regulation) Act, 1976 on the ground that no evidence was adduced by the respondent. Lastly, he submits that the claimant-respondent has accepted the compensation offered by the S.L.A.O. without any protest, so the Tribunal's order may kindly be set aside.
(3.)On the other hand, learned Counsel for the respondent has justified the impugned order.