STATE Vs. MOHD SARIF

JUDGEMENT

(1.) These thirteen First Appeals are directed against the common judgment, award and decree dated 16.10.1991 passed by X Additional District Judge, Bulandshahar in thirteen L.A. references being L.A. Reference No.211 to 214, 427 to 435 all of 1990. L.A. Reference No. 212 of 1990 Arvind vs. State was made the leading case.

(2.) Land of the respondents situate in village Salavat Nagar Gangawali Pargana Agauta Tehsil and District Bulandsahar was acquired for Pratap-pur Rajvaha. Notification under Section-4 of Land Acquisition Act was issued on 22.7.1987. Special Land Acquisition Officer gave the award on 28.10.1989 offering the compensation at the rate of Rs.22,000 - 23,000/- per pucca bigha. Before the Reference Court claimants-respondents claimed the market value at the rate of Rs.50,000/- per pucca bigha.

(3.) Claimants filed certified copies of two sale deeds before the Reference Court one executed on 16.3.1988 by Tej Pal in favour of Maqsood and other on 31.12.1985 by Brij Bhushan in favour of Iqbal. Claimants also filed certified copies of judgments passed in two references i.e. judgment dated 18.3.1991 passed by II Additional District Judge, Bulandshahar in L.A. Reference no.17, 18 and 19 all of 1991, other judgment was given by District Judge, Bulandshahar on 8.3.1988 in six L.A. References the leading one being L.A. Reference No.56 of 1986. L.A. Reference No. 17 to 19 of 1991 related to village Saidpur. In the judgment dated 18.3.1991 market value was held to be Rs.52,000/- per bigha on the basis of sale deed executed by Bharat Singh on 19.4.1985. Unfortunately in the said judgment the date of Section-4 notification or date of award or purpose of acquisition has not been mentioned. As far as judgment in L.A. Reference no. 56 of 1986 and other References is concerned the same is related to Section-4 notification dated 20.12.1984. Award in the said case was given by Special Land Acquisition Officer on 16.2.1986. The matter related to village Birawali, Saidpur and another village. In the said case a sale deed of 25.3.1985 was relied upon through which1/4 share in 1 bigha 9 biswas and 5 biswancies was sold for Rs.19,000/-. However, as maximum rate had been claimed at Rs.40,000/- hence compensation at the said rate was directed to be paid. The exemplar relied upon was of a date subsequent to Section-4 notification.