STATE OF U P Vs. SURENDRA KUMAR GUPTA

JUDGEMENT

(1.) THESE are seven first appeals against common judgment and decree dated 14. 10. 1980 passed by the Fifth Additional District Judge, Bijnore in seven land acquisition reference cases. The Counsel for the parties jointly agreed that the controversy involved in this bunch of appeals is identical and can be disposed of by a common judgment conveniently. The argument was advanced with reference to the facts of the First Appeal No. 208 of 1981: State of U. P. v. Surendra Kumar Gupta. The argument was advanced only in this case and it was agreed that it will hold god for other appeals also.

(2.) THE State Government acquired a certain piece of land under the Land Acquisition Act, by issuing notifications under sections 4 and 6 thereof dated 18th of April,. 1970 and 12th of April, 1973 respectively. The land, thus, acquired lies in village Harlampur Deepa, Pergana, Tehsil and District Bijnore. It was acquired for the purposes of constructing a Government hospital and staff quarter on permanent basis. The District Land Acquisition Officer by his award dated 27th of September, 1984 awarded compensation at the rate of Rs. 3705/ per acre depending upon the quality of land and treated the sale deed dated 8th of February, 1968 in respect (of plots No. 415 and 416 best exemplar to determine the market value of the land in question on the relevant date. Feeling aggrieved by the said award the owners filed seven land acquisition references which were referred by the District Magistrate to the Civil Court under section 18 of the Land Acquisition Act. All these references were consolidated and heard together and were disposed of, as indicated above, by one consolidated judgment which is under appeal.

(3.) BEFORE the District Land Acquisition Officer it was pointed out that Surendra Kumar, Virendra Kumar and others, Smt. Malti Kishori, Shri Om Prakash Sharma and Smt. Shakuntala Devi had purchased a portion of land of plot Nos. 415 and 416 from Narendra Kumar and Sanjai Kumar. All these sale deeds relate to the period February 1970 to May, 1970. Out of total area of these plots i. e. 2. 696 acres, 1. 009 acres was sold out before the notification under section 4 of the Act. The District Land Acquisition Officer in his award found that Sanjai Kumar and Narendra Kumar are entitled to receive compensation in respect of the remaining land i. e. 1. 930 acres and the vendors would be entitled to receive compensation proportionate to the area they purchased. Smt. Manorma Sharma, one of the purchasers could not file the original sale deed before the District Land Acquisition Officer, therefore, it was provided that she will get compensation after filing of her sale deed. The Reference Court treated the sale deed dated February 8,1968 in respect of plot Nos. 415 and 416 as the best exemplar.