MORADABAD DEVELOPMENT AUTHORITY MORADABAD Vs. CHIDDA

JUDGEMENT

(1.) -This appeal has been filed by the Moradabad Development Authority against the judgment and decree of the Additional District Judge, Moradabad in L.A.R. No. 57 of 1995 and other connected cases decided on 17.12.1996. Copy of the impugned judgment is on page 30 of the Paper Book filed by the appellant.

(2.) WE have heard learned counsel for the parties and have carefully perused the impugned judgment.

(3.) SRI A. K. Mishra, learned counsel for the appellant submitted that even fixing Rs. 80 per sq. mt. was a highly excessive and exorbitant rate, and the S.L.A.O. should not have ignored other sale deeds since there is no legal principle that only the highest rate in any of the exemplars has to be adopted. However, we are not prepared to accept the submission of SRI A. K. Mishra that the rate which should be awarded for the land in the present dispute should be less than Rs. 80 per sq. mt. because the appellant cannot challenge that rate on account of Section 25 of the Land Acquisition Act. We have, therefore, to see whether the rate awarded by the reference court under Section 18 was excessive and arbitrary or not.