STATE OF U P Vs. KHAIRUNNISA BEGUM

JUDGEMENT

(1.) K. N. Singh, J. This appeal is directed against the judgment and decree of the Additional District Judge, Meerut, D/-20- 3-1965 awarding compensation to the respondents for their land acquired by the State Government.

(2.) A notification under S. 4 of the Land Acquisition Act, 1894, was issued on 1st Dec. 1958, which was followed by another notification under S. 6 of the Act on 12th Dec. 1958. Under these notifications the State Government acquired an area of 23 bighas 3 biswas 10 Biswansis of land situate within the Municipal limits of Meerut for the purpose of construction of Industrial Training Institute. S. 17 (4) was applied and possession of the land was taken on 29-1-1979 before the award was delivered. The respondents, whose land was acquired under the said notifications, claimed compensation. The Land Acquisition Officer treated the entire land as agricultural land and awarded compensation on that basis. At the instance of the respondents a reference was made by the Collector to the District Judge under S. 18 of the Act. The District Judge on appraisal of evidence, Oral and documentary, produced by the parties awarded compensation at the enhanced rate of Rs. 1. 50 paise per sq. yard by his judgment dated 20-3-1965. Aggrieved, the State of Uttar Pradesh has preferred this appeal under S. 54 of the Land Acquisition Act.

(3.) THE claimants had claimed compensation at the rate of Rs. 2. 50 paise per sq. yard but the learned Judge awarded compensation at the rate of Rs. 1. 50 per sq. yard. THE claimants produced a number of examples in support of their contention. Ext. 2 in a copy of the sale deed dated 23-9-1958, by which one Zalim Singh sold a portion of a plot at the rate of 3. 75 paise per sq. yard. Under Ext. 3 dated 26-4-1956. Zalim Singh sold portion of a plot to Kirpa Ram at the rate of Rs. 3. 47 paise. Ext. 4 is a copy of the sale deed dated 11th March, 1955 under which Duli Chand sold his land to Ram Singh at the rate of Rs. 4/- per sq. yard. Ext. 6 is dated 2-2-1962 that one Khushal sold land to Madan Gopal at the rate of Rs. 7. 07 paise per sq. yard. A number of other sale deeds have also have been filed but none of them relate to the year 1958, and as such these sale deeds are not relevant for the purpose of determining the market value of the land in dispute. Ext. 2 is the only relevant sale deed which was executed on 23rd Sept. , 1958 by Zalim Singh, under which he sold a portion of his land at the rate of Rs. 3. 75 paise per sq. yard. Since the notification under S. 4 was issued on 1-12-1958 Ext. 2 is nearest in time which provides safe guide for determining the value of the land. Exts. 3 and 4 indicate that the land was sold in the locality in question at the rate of Rs. 3. 47 and Rs. 4/- per sq. yard respectively. THEse sale deeds indicate that the land was being sold between Rs. 3 to 4/- per sq. yard. THE learned Judge has, however, pointed out that these transfers were in respect of small fragments of land. It is a matter of common knowledge that a purchaser of small piece of land generally pays fancy price and the rate at which a small piece of land is sold cannot be the rate for a larger area of land. THE District Judge rightly held that having regard to the potential value of the land as building site the land in dispute could easily fetch Rs. 1. 50 per sq. yard. On the facts and circumstances as discussed above, we are of the opinion that the District Judge did not commit any error or act arbitrarily in awarding compensation at the rate of Rs. 1. 50 per sq. yard.