JUDGMENT

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court, Lucknow Bench dismissing the appeal filed by the appellant under Section 54 of the Land Acquisition Act, 1894 (in short the ‘Act’) read with Section 96 of the Code of Civil Procedure, 1908 (in short ‘CPC’).

3.In the First Appeal challenge was to the award dated 18.2.1998 passed by the Presiding Officer, Nagar Mahapalika Tribunal, Lucknow in a reference under Section 18 of the Act in land case No.746 of 1991 titled Krishna Gopal Lahoti v. State of U.P.

4.The factual background in a nutshell is as follows :

“A large area of land measuring 194 bigha 19 biswa 14 biswansi and 14 kachwansi situated in village Purania and Mahibullapur was sought to be acquired by appellant-Lucknow Development Authority under the housing and development scheme known as “Timber Nagar Avasiya Yojana”. Khasra plot No.379 measuring 8 bigha, and Khasra plot No.394 measuring 2 bigha, 8 biswa 15 biswansi situated at village Mahibullapur and belonging to the claimants Krishna Gopal Lahoti, Sharad Kumar Lahoti, Sunil Kumar Lahoti and Sudhir Kumar Lahoti were also acquired unde