COLLECTOR & OTHERS Vs. GOPAL SINGH & OTHERS

JUDGEMENT

(1.) LIST of hearing cases has been revised. None appears on behalf of the respondent in spite of repeated calls. Sri Sirish Chandra, learned Standing Counsel for the appellant is present.

(2.) THIS first appeal under Section 54 of the Land Acquisition Act has been filed against the award dated 20.03.1990 passed in Land Acquisition Reference No. 11 of 1987 (Gopal Singh & others Vs. Collector/Special Land Acquisition Officer, Azamgar).

(3.) UPON going through the impugned award it appears that the claimant -respondent had themselves deposed and filed the sale deed dated 06.09.1985 of 28 kari which was for a total sum of Rs. 89285.71 per acre i.e. Rs. 2500/ - per bishwa and the nature of the land in question was rabi -2. The land of the claimant -respondent is also rabi -2 and was near the land that was subject matter of the sale deed dated 06.09.1985. The oral evidence lead by the claimant -respondent was considered in light of the sale deed dated 06.09.1985 and the Reference Court found that the compensation awarded by the Special Land Acquisition Officer was inadequate and required to be enhanced. While enhancing the compensation he has enhanced it to Rs. 3500/ - per bishwa. From the impugned judgment it does not appear that there was any exemplar available on record for grant of compensation @ Rs. 3500/ - per bishwa. It appears that the submission of learned counsel for the appellant has substance since the enhancement of compensation @ Rs. 3500/ - per bishwa is not based on any evidence on record whereas the best evidence was of the sale deed dated 06.09.1985 which was for Rs. 2500/ - per bishwa.