RAGHURAJ SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Since all the aforesaid first appeals are connected and have been heard analogously, the same are being decided by this common judgment and order having binding effect upon all the first appeals. The aforesaid First Appeals have been preferred against the awards made under the Land Acquisition Act, 1894 dated 05th October, 1989 with reference to the properties situated at Village Bhangel Begumpur, Pargana/Tehsil Dadri, District Ghaziabad. The subject properties are situated on Delhi Highway opposite to the Industrial Complex of Noida adjacent to Delhi State.

(2.) The subject properties have been acquired by the Development Authority in the year 1989 subsequent to a Notification dated 24.03.1988, under Section 4 of the Land Acquisition Act, 1894 and subsequent Notification dated 16.06.1988 under Section 6 of the Land Acquisition Act, 1894. The possession of the property was taken on 12.01.1989 by the Development Authority. However, the compensation was awarded at the rate of Rs. 35.07/- per sq. yard by the Special Land Acquisition Officer, Ghaziabad by an award dated 05.10.1989. Feeling aggrieved by the award made by the Special Land Acquisition Officer, ("S.L.A.O.") Ghaziabad, the appellants preferred an application under the provisions of Section 18 of the Land Acquisition Act, 1894 for reference before the District Judge, Ghaziabad. The present First Appeal (leading case) arises from Judgment and Order dated 30.05.1992 in various land acquisition Reference Cases before the Reference Court i.e. Court of District Judge, Ghaziabad.

(3.) The judgment of reference court provided for the compensation to the appellants herein at the enhanced rate of Rs. 93.75 per sq. yard. Further, the reference court made a deduction of 25% to the total compensation awarded to the claimants on the ground of largeness of the subject property. The aforesaid assessment of compensation of the subject property was made on the basis of the sale deed dated 22.04.1987 whereas the claim made by the appellants was at the rate of Rs. 500/- per sq. yard before the SLAO as well as before the Reference Court.