STATE OF U P Vs. NATHOO

JUDGEMENT

(1.) R. K. Mahajan, J. This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) to set aside the award passed U/s. 18 of the Act by Shri Umesh Chandra, 1st Addl. District Judge, Meerut dated 30-9- 1975 by virtue of which he awarded compensation for plot Nos. 5299 and 5300 @ Rs. 12 per square yard, interest @ 6% per annum on the total amount of compensation.

(2.) IT appears that Avas Evam Vikas Parishad, Lucknow wanted to make residen tial houses in Mohanpuri and, therefore, approached the State of U. P. to acquire 25 bighas 10 biswas and 1 biswansi land situate in Mohanpuri. Notification under Sec tion 4 of the Act was published in the gazette on 7-1-1967 and under Section 6 of the Act on 28-3-1968. The possession was obtained on 3-1-1970. The respondents- appel lants alongwith other persons filed objections but of no avail. Special Land Acquisi tion Officer, Lncknow passed an award on 28-3-1970. The award was not accepted by the respondent- claimants. The Special Land Acquisition Officer divided the land in belt system for the purpose of compensation. For belt A' he awarded compensation @ Rs. 7 per square yard. Depth of belt A' was up to 100 yard from the road. Belt 'b' was given compensation @ Rs. 5. 84 per square yard and its depth was further 60 yards from belt 'a and the rest of the land was marked as belt 'c and was given ' compensation @ Rs. 3. 33 per square yard, The claimants-respondents were not satis fied with the rate of compensation awarded and stated that the rate of compensation should have been given @ Rs. 10 per square yard for their land which was subject matter of acquisition. Learned Additional District Judge did not agree with the belt system criteria as he was of the view that on account of geographical boundaries of the plots and the area being small. The learned Additional District Judge was of the view that Special Land Acquisition Officer committed mistake in relying on sale-deeds of 19-8-1964 and did not rely on sale-deed of 8-3- 1967 effected by Mohan Lal for an area of 330 square yards plot No. 5248 situate in Mohanpuri to Shri B. D. Sharma for Rs. 4500. The learned Additional District Judge was of the view that this sale-deed is executed just after few months and there is no evidence on record that it is a manipulated one. He was further of the view that according to this sale-deed the rate is 15% per square yard and he granted Rs. 12 per square yard after deducting development charges upto 20%. The learned Additional District Judge also found that in view of the rise in prices of land the reasonable rate would be Rs. 12 per square yard.

(3.) NO body appeared on behalf of the claimants-respondents. After hearing the Standing Counsel and perusing the record of the case, I am of the view that the learned Additional District Judge has committed a mistake by awarding more amount than what is claimed before the Special Land Acquisition Officer. It is clearly written in para 2 of the judgment that the Special Land Acquisition Officer should have granted compensation @ Rs. 10 per square yard.