C K TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) THE State Government acquired 9.8438 acre of land in village Dundhera district Ghaziabad for planned development of the area. The claimant's land measuring 8 biswa was also acquired under the same project. The notification under Section 4 of Land Acquisition Act (hereinafter referred to as the Act) was issued on 25th June, 1976. The final notification under Section 6 of the Act was issued on 9th November, 1976 and possession was taken on 28.2.1977/24th May, 1977. The Special Land Acquisition Officer gave the award on 2nd August, 1979. Aggrieved against the said Award the appellant filed a reference application and claimed compensation at the rate of Rs. 25 per sq. yard. Reference was made to the court below. The District Judge, Ghaziabad, has enhanced the compensation amount to Rs. 11 per sq. yard and granted solatium at the rate of 30% of the market value of the land acquired. He also granted 12% as additional compensation from the date of notification under Section 4 of the Act till the date of taking possession. The interest at the rate of 9% per annum from the date of taking of possession, i.e., 28.2.1977/ 24.5.1977 to 27.2.1978/23.5.1978 till the date of payment, by order dated 2.12.1998 was also awarded. Still aggrieved the present appeal has been filed for further enhancement.

(2.) HEARD S/Sri Faujdar Rai and B. B. Paul, learned counsel for the appellant, the learned standing counsel for the respondents and perused the records.

(3.) IT appears that the claimant filed three sale deeds dated 20.3.1976, 26.5.1975 and 31.7.1973, as exemplars. The Court below has held that these sale deeds are in respect of small pieces of land having an area of 150 sq. yard to 200 sq. yard. It fixed the market value of the land at Rs. 11 per sq. yard on the basis of similar reference made under Section 18 of the Act. Reference Nos. 3 of 1980, 6 of 1980, 7 of 1980. 8 of 1980 and 9 of 1980 were decided by a common judgment dated 18th May, 1984. The leading case was Raj Kumar Goel v. State of U.P. and Ors. In these references the market value of the land was determined as on the date of notification under Section 4 of the Act at Rs. 11 per sq. yard. The Court below was of the view that since the present case also arises out of the same award and was the subject matter of the same acquisition proceedings, therefore, the market value of land in question should also be fixed at Rs. 11 per sq. yard. Disputing this finding of the Court below the learned counsel for the appellant submitted that the land in question is situate near bye -pass road Ghaziabad and other important industries are nearby to it. The acquired land is very fertile and as such the appellant is entitled for higher amount of compensation.