STATE Vs. A. P. SAREEN

JUDGEMENT

(1.) The 1st and 2nd Group of First Appeals involve consideration of a question in regard to the rate of compensation to be determined for 407 bighas and 4 biswas of agricultural land acquired in village Habibpur, Tahsil Dadri, district Ghaziabad which is situate 8-9 kms. away from New Okhla Industrial Development Authority (NOIDA) on Dadari- New Delhi main road. The notification under Sec. 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was made on 25th of Aug., 1981. The possession of the land was taken on 29th of Sept., 1981. The Special Land Acquisition Officer while determining the compensation took into consideration the quality of the land and the circle rate of land revenue fixed for the said land and determined the compensation of the land acquired in two groups. In the first group, he fixed the market value at the rate of Rs. 6,486.49 p. per bigha on the land on which circle rate was fixed at Rs. 3.50 p. and the other group of the land where the circle rate was fixed at Rs. 6.25 p., the compensation was determined at the rate of Rs. 11,583.02 per bigha.

(2.) On reference, the District Judge enhanced the compensation to Rs. 11/- per square yard for the 2nd group and Rs. 6/- per square yard for the 1 st group.

(3.) Aggrieved thereby, both the State Government and the claimants have filed appeals. The 1st Group of appeals relates to the appeals filed by the State of Uttar Pradesh and the acquiring body. The 2nd Group of appeals are filed by the claimants. The State Government and the acquiring body contended that the District Judge has determined the compensation on the higher rate whereas the claimants have contended that the District Judge has not awarded compensation on the market rate of the land, as such the same should be enhanced.