Court No. - 59
Case :- FIRST APPEAL No. - 936 of 1990 Appellant :- U.P.S.E.B.
Respondent :- Bahore Lal & Others Counsel for Appellant :- Mr. Arvind Kumar,Arvind Kumar Counsel for Respondent :- Ram Ishwer Nath,P.K.Tripathi
Hon'ble Surya Prakash Kesarwani,J.
This first appeal arises from the judgment dated 17.2.1990, in L.A.R. No.165 of 1985 (Bahore Lal Vs. State of U.P., passed by Add. District Judge, Aligarh.
Certain land of the claimants-respondents for construction of Hardiaganj Thermal Power House yard was acquired by the State Governmnet for U.P. State Electricy Board by notification under Section 4 of the Land Acquistion Act, published on 14.9.1981. Notification under Section 6 was also published on 12.9.1981. The possession was taken on 21.3.1982. The claimants being dissatisfied with the award made by the Land Acquisition Officer, applied for reference and the reference was made by the Land Acquisition Officer, Aligarh. by order dated 3.12.1984. By award dated 3.12.1984, the compensation of Rs.70,208/- was paid to the claimants-respondent. The claimants asserted that their land is adjoining the road and consequently they asserted that market value of their land is Rs. 80 per sq. yd. and not Rs.12,000/- or Rs.15000 per bigha as has been paid for acquired land of Village - Bhagalpur. By the impugned judgment the court below determined compensation of the acquired land @ of Rs.15,491.80 per bigha alongwith 30% solatium and interest.
Aggrieved with the judgment of the court below dated 17.2.1990, the appellants has filed the present appeal disclosing valuation of the appeal to be Rs.1,39,542.60 which is much below the monetary limit fixed by the State Government in State Litigation Policty 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