RAJPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -These are appeals against the judgment and decree passed by the learned VIIIth Additional District Judge, Ghaziabad on 19.2.1987 in Land Acquisition Reference No. 96 of 1983 and 14 others which were consolidated and the L.A.R. No. 96 of 1983 was made a leading case.

(2.) ALL those references arose out of the award dated 15.12.1981 given by the Special Land Acquisition Officer, Ghaziabad in respect of 39-323 acres of land of village Mohammadpur Khuralia Pargana and Tehsil Garh, district Ghaziabad. The said land was acquired for the construction of Madhya Ganga Nahar, Nirman Khand 9, Garh, Ghaziabad. The notification under Section 4 (1) of Land Acquisition Act was published on 28.7.1979 and notification under Section 6 of Land Acquisition Act read with Section 17 of the said Act was published on 15.9.1979. Possession of the land was taken on 21.11.1979. The Special Land Acquisition Officer, Ghaziabad awarded compensation at the rate of Rs. 12,500 per bigha. The claimants preferred Land Acquisition References noted above which were decided by the impugned judgment dated 19.2.1987 whereby it was held that the market value of the land was Rs. 20,000 per bigha. The claimants were also given additional amount under Section 20 (1A) at the rate of 12% per annum on the market value, solatium at the rate of 30%, interest at the rate 9% per annum from the date of possession and cost under Section 27 (2) of the Act.

(3.) LEARNED counsel for the appellants has argued that the learned court below in determining the market value of the land arbitrarily determined the market value at the rate of Rs. 20,000 per bigha whereas it should not be less than Rs. 40,000 per bigha.