COLLECTOR Vs. SRI BACHHAN

JUDGEMENT

(1.) LIST of final hearing cases has been revised. Sri Sirish Chandra, learned Standing Counsel for the appellant is present. None appears on behalf of the respondent. This First Appeal has been filed under Section 54 of the Land Acquisition Act against the judgment and order dated 26.03.1990 passed in Land Acquisition Reference No.397 of 1987 (Sri Bechan Vs. State of U.P. & others) by the 10th Additional District Judge, Varanasi.

(2.) LEARNED Standing Counsel has submitted that notification under Section 4 of the Land Acquisition Act was issued on 30.08.1985, notification under Section 6 of the Act was issued on 31.08.1985 and the award was given by the Special Land Acquisition Officer on 06.09.1988, whereby he gave compensation of Rs.5323.84p for 0.61 acre land of the appellant with 13% solatium and 12% interest thereupon. Feeling aggrieved the claimant -respondents preferred a reference under Section 18 of the Act which has been decided by the impugned order.

(3.) HAVING considered the submission of learned Standing Counsel for the appellant and upon perusal of the record it appears that the claimant -respondent had relied upon the award of Reference No.401 of 1987 and 99 of 1988 but the Reference Court has rejected the same on the ground that the land in the present reference was not similar or identical to the land in those references. Thereafter he recorded that the land in question would be valued @ Rs.70,000/ -per acre. However, upon going through the record as also the impugned award there is no evidence available nor discussed to show that the land in question would be valued @ Rs.70,000/ -per acre. As such the submission of learned Standing Counsel that this is a case of no evidence with respect to the valuation of the land appears to be correct. The award of the other references had been rejected by the court below. The value of the land could not have been fixed arbitrarily without any basis, as such the impugned award being not based on any evidence whatsoever while fixing the compensation requires to be set aside. For the aforesaid reason, the impugned judgment and order dated 26.03.1990 passed in Land Acquisition Reference No.397 of 1987 (Sri Bechan Vs. State of U.P. & others) by the 10th Additional District Judge, Varanasi, is set aside. The appeal is allowed.