(1.) Leave granted. We have heard learned counsel on both sides.
(2.) Notification under Section 4(1) of the Land Acquisition Act 1 of 1894 (for short, the 'Act') was published on September 14, 1985 acquiring 13.75 acres for setting up the Government Degree College at Lalitpur, State of U.P. The Land Acquisition Officer in his award dated September 1, 1988 made under Section 11 of the Act determined the compensation at the rate of Rs. 11,887.78 per acre. On reference under Section 18 of the Act, the District Judge by his award and decree dated April 21, 1990 determined the compensation at the rate of Rs.5/- per sq. ft. On appeal by the appellants, the High Court reduced the compensation to Rs. 3.30 per sq. ft. by judgment and decree dated November 16, 1994 in First Appeal No. 603/93 etc. Thus these appeals by special leave.
(3.) It is contended by Shri A.B. Rohtagi, learned senior counsel for the appellants that the whole approach adopted by the High Court and the reference Court is clearly illegal and erroneous. When 13.75 acres of land was acquired for public purpose, would a reasonable prudent purchaser offer to purchase the land at the square foot basis is the question posed and rightly posed by the learned counsel for the appellant. The reference Court relied on three sale deeds Ex. A2, A3 and A1, Ex. A2 relates to an extent of 60' x 20' of land sold by the claimant himself on October 18, 1984 for a sum of Rs. 6,000/- - which worked out at the rate of Rs. 5/- per sq. ft. He also sold an extent of land of 40' x 40' ft. for a sum of Rs. 8,000/- under Ex. A3 on January 19, 1983. 1600 sq. ft. was sold for a sum of Rs. 8,000/- on January 18, 1983 under Ex. A1. The reference Court relied upon these sale deeds and also the rates prescribed by the local administration for the purpose of stamp at Rs. 8 per sq. ft. for the road margins and Rs. 5./- per sq. ft. for the interior land. Relying thereon, the reference Court determined the compensation at Rs. 5/- per sq. ft. The High Court while accepting the same, deducted 1/3rd towards developmental charges and determined the compensation at Rs. 3.30 per sq. ft.