JUDGMENT

K. RAMASWAMY, J. -

CA No. 1869 of 1981

1. The State of Uttar Pradesh got published in the State Gazette the notification issued under Section 4 (1) of the Land Acquisition Act, 1894, (for short "the Act") on 16-7-1960, acquiring 287 acres of land in Ghaziabad for planned development by the Improvement Trust, Ghaziabad (for short "the Trust"). The appellant had purchased 1.9 and 2.9 bighas of land under sale deed dated 15-3-1961 and 1.9, 2.4 and 1.6 bighas of land on 27-3-1961 constituting a total extent of 4 acres 3025 square yards from the erstwhile owner of the land. The State Government issued on 13-8-1962 what is known as "Land Policy" in which it was stated that the lands falling within the limits of Ghaziabad Municipality may be acquired in the first instance, under the Act; that the Trust should make external development of the entire area and also internal development in certain categories of cases the details whereof are mentioned in the Schedule appended thereto and directed that

"lease out the plotted area to the persons from whom the land was acquired by charging premium which shall be equal to the compensation payable for the acquisition plus the cost of both