TRILOK CHAND Vs. STATE OF U P

JUDGEMENT

(1.) S. C. Mohapatra, J. Claimant land owners are appellants in this appeal under Section 54 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act' ).

(2.) ON basis of preliminary notification under Section 4 (1) of the Act published on 1-11-1983, 4 bighas of land in plot Nos. 77 an 69 belonging to various owners were acquired for construction of approach road and subsi diary roads to the fly over on State Highway No. 24 in revenue village Chipiniya Bujurg. Land of appellants measures 2 bighas 14 biswas which is part of plot No. 77. Land Acquisition Collector carved out the entire acquired area into three belts of 100 metres with each. Market value of land in the first belt adjacent to Grant Trunk Road was determined at Rs. 72 per sq. yard. For the second belt adjacent to first belt market value was determined at Rs. 54 per sq. yard and for the third belt market value was determined at Rs. 48 per sq. yard. Claimant appellant were demanding compensation at the rate of Rs. 325 per sq. yard for plot No. 77 on basis of the circle rate fixed by Collector under Section 47-A of the Stamp Act (U. P. Amendment) at the rate of Rs. 300 per sq, yard in the year 1982 which was increased to Rs. 500 per sq. yard in 1985. Being dissatisfied with the rate offered, claimant appellants requested for a reference under Section 18 of the Act to civil court for determination of market value. Land owners of plot No. 69 also requested for a reference. Land Acquisition made two references i to civil court which were heard together and impugned award under Section 26 of the Act was made. This appeal is confined to 2 bighas 14 biswas of land in plot No. 77 belonging to appellants.

(3.) LEARNED Trial Judge has accepted the belting of the acquired land as has been made by the Land Acquisition Collector. He accepted the sale transaction of a portion of plot No. 77 by the appellants in the year 1983 a few months before the publication of notification under Section 4 (1) which reflected a rate of Rs. 105 per sq. yd. and from that estimated the market value of the acquired land in three belts at Rs. 72 as determined by Land Acquisition officer though he was of the view that it should have been Rs. 70. 35 per sq. yd. He determined market value of 2nd belt at Rs. 63. 31 and of 3rd belt at Rs. 56. 28. This is grievance of the claimants.