Court No. - 59
Case :- FIRST APPEAL No. - 424 of 1990 Appellant :- Nager Mahapalika & Another Respondent :- Sri Shanti Prakash Gupta (Deceased) & Others Counsel for Appellant :- K.S. Chaudhary,B. Dayal Counsel for Respondent :- SC
Hon'ble Surya Prakash Kesarwani,J.
This first appeal arises from the judgment dated 30.1.1989 in Land Acquisition case No.22 of 1981 (Sri Shanti Prasad Gupta Vs. Nagar Mahapalika, Agra).
In exercise of notification under Section 4 of the Land Acquisition Act, published on 24.7.1971, 31.7.1971 and 7.8.1971, about 114 bigha 16 biswas land comprising of Zamindari and non Zamindari areas was acquired by the State Government for establishing Transport Nagar popularly known as "Yaatayat Nagar Evam Sarak Yojna". Notification under Section 6 was made on 28.4.1974. The possession was taken over on 28.5.1976. The award under Section 11 of the Act was made by Special Land Acquisition Officer on 18.4.1978.
In the said acquisition four plots of the claimants- respondents were also acquired. The court below determined the compensation of the land for a sum of Rs.6,862.98 and solatium @ of 30% on the market value i.e. Rs.2058.89, additional compensation @ Rs. 6 per sq. yard and interest under Section 28 of the Act on the excess amount of compensation @ 9% per annum from the date of possession till date of its payment. This gave rise to the present first appeal which has been filed by the Nagar Mahapalika, Agra and Agra Development Authority, Agra. The valuation of the appeal is Rs.6,862/- which is much below the monetary limit fixed by the State Government in State Litigation Policy 2011.
In view of the aforesaid, this appeal is dismissed on the ground that valuation of appeal is much below the minimum monetary limit of Rs. 2 lacs fixed by the State Government.
Order Date :- 28.11.2018/vkg