ALLAHABAD DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN Vs. ASFAQUE HUSAIN SON OF ABDUL JABBAR AND STATE OF U.P. THROUGH COLLECTOR

JUDGEMENT

(1.) THE Allahabad Development Authority through its Secretary (defendant -appellant) here -in -after referred called ADA has filed the above First Appeal under Section 54 of the Land Acquisition Act (called the Act) against impugned judgement and compensation awarded dated 30.4.1991 passed by Vth Additional District Judge, Allahabad in Land Acquisition Case No. 18 of 1989 in Land Acquisition Reference No. 219 of 1989 (Ekhlaque Hussain v. State of U.P. through Collector and Ors.) whereby the court below has enhanced the compensation and fixed a rate of Rs. 150 per square meter and also additional compensation under Section 23(1 -A) of the Act with 12% market value along with 9% annum interest on the enhanced compensation amount with effect from the date of taking possession till its actual payment and interest at the rate of 15% in case the compensation amount is not deposited within a period of one year i.e. Up to 25.11.1988.

(2.) THE detail of the land in question which is the subject matter of the compulsory acquisition under the Act is admittedly an agriculture land situated in village Kasari Masari, Tehsil and Pargana Chail District Allahabad. On 17.2.1987. a notification under Section 4(1) of the Land Acquisition Act read with Section 17(1) was issued and a notification under Section 6 read with Section 17(4) was issued on 13.3.1987 for acquiring the land measuring about 127 -2 -15 2/3 bigha which was proposed to be acquired for the purposes of planned development for construction of residential colony. On 25.1 1.1987. the land acquired by the Development Authority, a possession to that effect has been taken and the compensation was accordingly fixed on the basis of the various sale deed dated 17.2.1986 area 19 biswa. 6 Bigha which was a sum of Rs. 20,000/ -. The Special Land Acquisition Officer on the basis of this aforesaid sale deed fixed approximately Rs. 9/ - per square meter that will come about Rs. 150 per sq.meter.

(3.) BEFORE the Court below the claimant contended that the land of which they were Bhoomidhars was surrounded by urban localities namely Chakniratul, Rajrooppur and Beniganj. The side facility of electricity and water supply and there existed hospital nearby vicinity. The land in question is one and a half kilometre from G.T.Road and Kausambi road. The prevailing circle rate fixed by the Collector under the stamp duty was 3 to 400 per square, the land in nearby colony and land in question is inside the municipal 'limits. A reference to that effect has been made in the reference application. A written statement was filed on behalf of State of U.P. that has been annexed as on page 110 of the paper book. It has categorically been stated and pleaded that land is situated in notified area far from the road and market and also far from railway station, school and college at the time of notification under Section 4 of the Act. The award is passed on the market value of the property existing on publication date of notification under Section 4 of the Act. The market value of the land in suit has been determined on the basis of instances of sale deed in neighbouring locality on the basis of potential value of the land. The development authority has also invested huge amount for the purposes of development of the said area, as such, while determining the compensation, this aspect of the case may also be considered. It has also been stated that there is no irrigation facility and 40% deduction was liable to be granted on the head of development and no factory or industry existed in the vicinity of the land in question. One of the claimant Ekhlaque Hussain appeared as P.W.1 (Page 1 of the paper book) wherein he admits that he was a Bhoomidhar of the land and the aforesaid land is two fasli and the aforesaid land comes under the limits of the Nagar Palika. There are various good houses constructed by various persons and the villagers are selling their land by carbing out plots for the residential purposes and the value of the aforesaid land and nearby land is 500 to 600 metres Square Yard. He has nowhere stated this fact that these plots were under the master plan. It is also to be mentioned here that P.W.I was re -examined and he has subsequently stated in his statement that as the land has been acquired in 1986 and at the time of acquisition he was doing agriculture on the aforesaid land and the land of the P.W.I is 100 yards from the abadi. He has mentioned the various sale deeds which was executed prior to the date of acquisition. All the exemplars are below 150 square metres too small in area to compare with large area of the land which is the subject matter of the compulsory acquisition in the case in hand. It has also been brought to the notice that the Nagar Palika is selling out the land at the rate of 600 per square meter and Rs. 550 per verg meter stamp duty is fixed, as such, the compensation awarded by the land acquisition officer is very less and Rs. 600 should be awarded. Before the Additional District Judge, the respondents have submitted one sale deed of Bakelal which was executed in favour of Bhim Sen measuring 154 -72 Square meter in Plot No. 1230 village Kasari Masari for Rs. 12,000/ -. In such a situation it has been submitted that value of the land is 179 per square meter. The aforesaid sale deed is of 22.7.1986. As stated above all the sale deeds and exemplars are either 150 or below or 160 square metres not above to that.