By the Court.—We have heard Sri Vishnu Sahai learned counsel for the petitioners and Sri Ram Krishna learned Chief Standing Counsel appearing on behalf of the State.

2. This writ petition alongwith First Appeal No. 880 of 1993 and First Appeal No. 401 of 1998 were nominated to this Bench by order dated 19.2.2014 passed by the Hon’ble Senior Judge.

3. After change of roster, the matter was taken up by another Bench of this Court on 10.4.2014.

4. Under the order dated 18.4.2014 passed by Hon’ble the Chief Justice, this writ petition alongwith First Appeal No. 880 of 1993, Jasvir Singh v. Land Acquisition Officer, Rampur and other and First Appeal No. 401 of 1998 Kuljeet Singh and another v. Land Acquisition Officer, Rampur and others, have been heard together.

5. Counter and rejoinder-affidavits have been exchanged between the parties in the present writ petition. With the consent of the parties, this writ petition is being finally decided by the present order. The First Appeal No. 880 of 1993 and First Appeal No. 401 of 1998 are also being decided by separate order of the date.

6. The facts giving rise to the present writ petition in chronological order are necessary to be noted for deciding the writ petition.

7. The petitioners are the owners of Plot No. 120/240(Village Dibdiba, Tehsil Bilaspur, District Rampur).

8. A notification under Section 4 of the Land Acquisition Act 1894 (hereinafter referred to as the Land Acquisition Act) was issued dated 18.8.1981 for acquisition of Plot No. 120 an area of 7 acres. The urgency clause under Section 17 (1) and Section 17 (4) was invoked dispensing enquiry under Section 5-A of the Land Acquisition Act. The acquisition was made for the purpose “for the construction of New Broad Gauge Railway Line between Rampur and Halduwani” in the District-Rampur.

9. A simultaneous declaration under Section 6 of the Land Acquisition Act was issued dated 18.8.1991 for acquisition of the aforesaid plot alongwith two other plots. The declaration under Section 6 of the Land Acquisition Act was published in the U.P. Gazette dated 14th November, 1981. A notice under Section 9 of the Land Acquisition Act was issued asking the petitioners to appear before the District Land Acquisition Officer on the 25th of August, 1982 regarding their claim in respect of the land and compensation.

10. The petitioners appeared before the District Land Acquisition Officer and filed objection dated 25.8.1982. The petitioners in their objections claimed that they may be awarded @ Rs. 50,000/- per acre as compensation for their land. They further claimed compensation for crops and trees which was available on the land at the time of collector’s taking possession. The possession of land including Plot No. 120 was taken by the collector on 19.9.1986 (taking of possession by the collector on 19.9.1986 is an admitted fact).

11. The District Land Acquisition Officer gave his award under Section 11 of the Land Acquisition Act dated 22.9.1986. The District Land Acquisition Officer in his award has fixed the rate of compensation @ Rs. 12,000/- per acre alongwith 12% interest from the date of publication of notice under Sections 4, i.e., dated 14.11.1981 up to the date of taking possession, i.e., on 19.9.1986. With regard to crop tube-well and trees, it was mentioned in the award that a report has been called for and after valuation, the award would be declared separately.

12. Petitioners being dis-satisfied by the determination of compensation by award dated 22.9.1986, made a request to the District Land Acquisition Officer to make a reference under Section 18 of the Land Acquisition Act. The reference under Section 18 of the Land Acquisition Act was made by the District Land Acquisition Officer to the Court of District Judge, Rampur. On the application submitted by the petitioner No. 1, Reference No. 21 of 1987 Jasvir Singh v. Land Acquisition Officer, was registered and on the application submitted by petitioners No. 2 and 3, n