CHAND KIRAN TYAGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 31st March 1978 passed by the First Addl. District Judge, Meerut in L.A. Case No. 326 of 1975 in a reference made in the Land Acquisition Act. The facts giving rise to the present appeal may be stated in brief, as follows :-

(2.) THE Executive Engineer, Temporary National High Way Division, PWD Ghaziabad, moved the Government for acquisition of the land of village Doonda Hera, Pargana Loni, Tahsil Ghaziabad for the construction of Ghaziabad Bye-pass on National High way no. 24. Notification under seection 4(1) and 6(1) of the Land Acquisition Act were published in the U.P. Gazette dated 11-3-1972. THE possession was taken on 30-3-1972 and the special Land Acquisition Officer. Meerut, gave the award on 10th Oct. 1974.

(3.) THE submissions of the claimants before the Addl. District Judge that Khasra plots nos 374, 494, 494/1 and 1241 are adjacent and very close to the village abadi and as such they should have been treated as potential building site. THE submission finds support from Ext. A-2, the Sajra of the village. THE Additional District Judge, therefore, opined that the claimants were entitled to compensation not on the basis of soil classification but as a potential building site In respect of these four plots No documentary evidence has been filed to show that the agricultural land was being sold on the material date at a higher price than the compensation awarded by the special land acquisition officer, therefore the claimants are not entitled to any enhanced compensation in respect of remaining plots. As regards the aforementioned four plots having potential building site is concerned, the learned Addl. District Judge relied on Ext. 3, sale-deed dated 19-8-1971 executed by Ram Saran in favour of Bhikki in respect of plot no. 46, measuring 400 sq. yds. for Rs. 12,000/-. THE rate according to the sale-deed comes to Rs. 3/- per sq. yd. In the opinion of the Addl. District Judge the sale-deed was nearer to the date of acquisition and was thus a good exempler. THErefore, he held that the claimants are entitled to compensation at the rate of Rs. 3/- per sq. yd. in respect of their Khasra plots nos. 374", 494, 494/1 and 1241. In the result, the claim petition was partly allowed by the Addl. District Judge and the claimants were awarded compensation at the rate of Rs. 3/r per sq. yd. in respect of aforesaid four plots and solatium at 15% on the entire amount of compensation along with interest at the rate of six per cent per annum on the enhanced amount of cornpensation from the date of possession to the date of payment or deposit. Parties were directed to pay costs proportionate to their success and failure.