Hon’ble Anil Kumar, J.—Heard Sri Rama Raman Mishra Advocate holding brief of Sri J.B. Dubey, learned counsel for the appellant, Sri U.C. Pandey, learned counsel for the opposite parties and perused the record.

2. Facts, in brief, of the present case are that a scheme has been launched by the respondent known as Bastauli Ghazipur Bhumi Vikas Evam Grah Sansthan yojna, Lucknow (herein after referred as ‘scheme’).

3. In order to implement the said scheme, lands of the villages Ismailganj, Ghazipur, Bastauli and others villages have been acquired vide notification published under Section 28 and 32 of the U.P. Avas Evam Vikas Parishad Adhiniyam (herein after referred to as ‘Adhiniyam’)

4. On 20.12.1969 and 8.7.1970 the claimants, whose lands have been acquired claimed compensation at the rate of Rs. 5/- per sq. fit and some of them also claimed compensation for trees etc, standing on the land acquired before the Special Land Acquisition Officer. The said authority by means of award dated 23.3.1976 awarded compensation to the claimants at the rate of Rs. 1.19 per sq. yard also awarded compensation in respect to the trees standing on the land acquired to some of the claimants.

5. Aggrieved by the compensation awarded to the claimants by the Special Land Acquisition Officer, appellant/claimant filed a reference under Section 18 of the Land Acquisition Act registered as Misc Case No. 105 of 1977 (Kalidin v. State of U.P.) before the Presiding Officer, Awas Evam Vikas Parishad, Tribunal, Lucknow. The said authority alongwith other connected references arising out the same dispute under Section 18 of the Act has connected them in order to decide the controversy.

6. After exchange of pleadings, the Court below/Presiding Officer, Awas Evam Vikas Parishad, Tribunal, Lucknow has framed the following issues :

(1) Whether the rate at which the compensation is awarded is inadequate and unjust?

(2) Whether the petitioner is entitled to enhanced compensation ? If so, at what rate?

(3) To what relief, if any, is the petitioner entitled?

7. Thereafter, on the basis of the material on record and after hearing learned counsel for the parties, by means of judgment and award dated 18.7.1983, the Presiding Officer, Awas Evam Vikas Parishad, Tribunal, Lucknow enhanced the compensation for the land acquired under Scheme at the rate of 1.25 per sq. ft and also awarded 15% solatium and 6% interest on the enhanced compensation from the date of possession till payment.

8. Aggrieved by the said award dated 18.7.1983 passed by Presiding Officer, Awas Evam Vikas Parishad, Tribunal, Lucknow in Misc Case No. 105 of 1977 (Kalidini v. State of U.P.), the appellant/claimant has approached this Court by filing present appeal under Section 54 of the Land Acquisition Act, 1894.

9. While pressing the said appeal, learned counsel for the appellant submits that the action on the part of the Tribunal thereby enhancing the compensation to Rs. 1.25 paisa per sq. ft from Rs. 1.19 paisa per sq. yard awarded by the Special Land Acquisition Officer, is totally contrary to the material on record and while passing the award, the Tribunal has not taken into consideration the exemplars cited by the appellant/claimant in order to claim Rs. 2/- per sq.ft as compensation for his land which has been acquired, so the appellant/claimant may be awarded Rs. 2/- per sq. ft. as compensation.

10. Learned counsel for the respondent submits that the Tribunal on the basis of material on record, has rightly awarded Rs. 1.25 paisa per sq. ft as compensation to the claimant thus there no illegality or infirmity in the impugned award under challenge in the present writ petition, so the present writ petition filed by the appellant liable to be dismissed.

11. I have heard learned counsel for the parties and gone through the record.

12. Thus the point which is to be determined in the present case is to the effect that whether the action on the part of the Tribunal thereby granting Rs. 1.25/- per s