STATE OF U.P. Vs. KUNWAR PAL SINGH,

JUDGEMENT

(1.) This is an appeal under Sec. 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act 1894"), arising from judgment and award dated 5.3.2003 and decree dated 26.3.2003, passed by Sri P.N. Rai District Judge, Meerut, adjudicating 17 Land Acquisition References (hereinafter referred to as "LAR") including LAR No. 39 of 2001 Kunwar Pal Singh Vs. State of U.P. and others, whereby compensation has been determined, of acquired land, at the rate of Rs. 300.00 per square yard besides 30% solatium, 12% additional compensation and interest for different periods, as per various provisions of Act 1894.

(2.) For construction of railway over-bridge, proceedings for acquisition of land were initiated by State of U.P. under the provisions of Act 1894. Notification dated 8.09.1998 was issued under Sec. 4(1) read with Sec. 17 and declaration under Sec. 6 was issued on 08.03.1999. Possession of acquired land was taken on 18.08.2000. Special Land Acquisition Officer (hereinafter referred to as "S.L.A.O.") made award on 16.02.2000 under Sec. 11 of Act 1894, determining compensation of acquired land. Disputed land, belong to claimant respondent is in Khata No. 49 Area 0.367 Hectare (3670 Sq. Metre). Disputed land situated in village Sakauti, Pargana Daurala, Tehsil Sardhana District Meerut. S.L.A.O. awarded compensation on the basis of location and nature of soil at the rate of Rs. 40.28 per sq. meter and 32.26 per sq. meter. In respect of the land of respondent tenure holder, compensation was offered at the rate of Rs. 32.26 per sq. meter. Dissatisfied therewith, land owners made applications under Sec. 18 before District Magistrate for reference to District Judge for determination of market value under Sec. 23 of Act 1894 as a result whereof, several References were made and by impugned judgement and decree, Reference Court has determined market value at the rate of Rs. 300.00 per square meter. Claimant land owners had sought compensation at the rate of Rs. 1000.00 per sq. meter which has not been accepted by Reference Court and it has determined at Rs. 300.00 per sq. meter.

(3.) In support of their claim, landowners examined Ved Singh and Braham Singh as P.W. 1 and P.W. 2 respectively and relied on exemplar sale deeds dated 22.02.1996, 05.07.1996, 13.03.1997, 14.11.1995 and 30.06.1998. Reference Court found that since acquisition commenced in Sept. 1998, sale deed exemplars of 1995, 1996 and 1997 were not valid and proper to be considered for determining marker value. It, therefore proceeded to examine sale deed dated 30.06.1998 (Paper No. 27C/2) which was executed by Amar Singh in favour of Smt. Mukhtiyari, transferring 84 Sq. Meter of land for consideration of Rs. 50000.00 (Rs. 595.24 per Sq. Meter). Reference Court, however, applied rate of Rs. 300 per sq. meter meaning thereby, almost 48% deduction has been applied. It has also observed that acquired land of claimant respondent was already being used for commercial purposes and cattle field fodder, though no separate compensation was awarded for this purpose.