VIAJAI KRISHNA Vs. TATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against judgment, award and decree dated 31.7.1989 given by Additional District Judge/Special Judge, Azamgarh in L.A. Case no.7 of 1987 � Gharbharah and others vs. State of U.P. and others through Collector, Azamgarh. A total area of 15.206 acres of land situate in Village Hafizpur, Pargana Nizamabad Tehsil Sadar District Azamgarh was acquired for constructing a by-pass. Section-4 notification was issued on 26.5.1979. The acquired land belonged to different persons including half share of appellants � Vijai Krishna and Gopal Krishna both sons of Ghanshyam Das in plot nos. 398, 526 and 528 total area 297 kari (0.297 acre). The appellants' share was 148.5 kari. Special Land Acquisition Officer (S.L.A.O.) determined and offered the compensation at the rate of Rs.16,652.00 per acre. Dis-satisfied with the offered compensation the land owners/losers applied for making reference under Section 18 of Land Acquisition Act which was accordingly made and decided by the impugned judgment.

(3.) SHRI P.K.S.Paliwal, learned counsel for the appellants has mainly placed reliance upon the sale deed dated 26.5.1978 executed by Smt. Kalyani Devi in respect of plot no.521 area 112 kari for Rs.8,000/-. Its Certified copy was filed before the Reference Court and was numbered as paper no.59 ga. From the perusal of the map on page 111 of the paper book which was a map prepared in a suit (O.S.no.528/78) it is clear that plot no.521 sold through the said sale deed and plots of the appellants which were acquired i.e. plot no.398,526 and 528 are adjacent to each other and situate in abadi. However, in the sale deed dated 26.5.1978 it is mentioned that the sold property was in the shape of ahata. Moreover the area of the sold property was quite less than the area of the entire acquired land. The ratio is about 1 : 150.