SATISH Vs. STATE OF U P

JUDGEMENT

(1.) THESE appeals, involving similar questions of fact and law, were taken up for hearing together and are being disposed of by this common judgment.

(2.) NATIONAL Thermal Power Corporation Ltd. is a Public Sector undertaking and is engaged, inter alia, in generation of electricity. With an intention to set up a thermal power plant at Sarna, Murad Nagar, District ghaziabad in the State of Uttar Pradesh and nearby villages, a requisition was sent to the Collector of the District for the purpose of acquisition of some lands belonging to the appellant herein. Pursuant to or in furtherance of the said requisition and having regard to the fact that setting up of a thermal power plant was to be treated to be a public purpose within the meaning of provisions of the Land Acquisition Act, 1894 (hereinafter called and referred to for the sake of brevity as 'the Act'), the State of Uttar pradesh (the State) on or about 6. 9. 1984 issued a notification in terms of section 4 thereof.

(3.) THE Collector took into consideration 29 deeds of sale in respect of the areas which were within the Murad Nagar Municipality on the premise that they were more useful and the rate being on the higher side, the same should also be kept out of consideration. He took into consideration only five deeds of sale being No. 34, 254, 480, 629 and 635. Out of the said five sale deeds, three deeds of sale being no. 480, 629 and 635 were again kept outside the purview of consideration having regard to the distance factor as also the fact that the lands under the said deeds were situated on the other side of the village. So far as sale deed no. 34 is concerned, the Collector was of the opinion that the amount of consideration stated therein was deliberately kept low to avoid stamp duty.