MANGAL RAM Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Mahajan, J. This order in the above appeal will dispose of all the bunch matters i. e. First Appeal Nos. 854/92, 869/89, 832/88, 617/86, 80/88, 81/88, 110/87, 546/93, 373/94, 489/86, 622/93, 545/93, 369/94, 370/94, 372/94, 374/94, 378/94, 478/89, 359/87, 833/88, 901/88, 872/93, 874/93, as they arise out of same notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) and a common question of fact and law is involved. The award is also the same.

(2.) THE land of different land-owners were acquired which were disposed of by a common award dated 15. 3. 1982. Big chunk of land runs into 267 bighas 7 biswas 5 bis-wansis in village Chhipayana Buzurg, district Ghaziabad, was acquired for the purpose of construction of the car shed of the electric multiple unit of the Indian Railways. THE notification under Sections 4 and 6 of the Act was made on 7. 3. 1981 and the possession was taken under Section 17 of the Act on 16. 4. 1981. THE Special Land Acquisition Officer has given the award at the rate of Rs. 24,000 per bigha Le. Rs. 8 per sq. yard of the good quality of land, for the second quality of land, Rs. 15,500 per bigha Le. Rs. 5 per sq. yard.

(3.) THE learned counsel for the claimant-appellants has attacked the judgment of the District Judge and has submitted that rate of Rs. 19 per sq. yard should have been fixed after taking into consideration the potentiality of the land. THE learned counsel for the claimant-appellants has also submitted that the exemplars had not been taken into consideration correctly, he has taken me through the three sale- deeds of plots 77,78 and 100. THEse sale-deeds have been discussed by the District Judge. THE first sale- deed dated 19. 5. 1978 is in respect of 1008 sq. yards of plot No. 77 for Rs. 19,000 giving a rate of Rs. 18. 8 per sq. yards. THE second sale-deed dated 23. 7. 1978 registered on 31. 8. 19781 bigha, 2/3 biswansis of plot No. 78 for Rs. 70,600 giving a rate of little over Rs. 15 per sq. yards. THE third sale deed is dated 14. 4. 1980 in respect of 280 sq. yards of plot No. 100 for Rs. 4200 giving a rate of Rs. 15. 5 per sq. yard. THE learned District Judge has also relied upon the sale-deed dated 11. 3. 1981 in respect of 6 biswas 13 1/3 biswansis of Khasra plot No. 105 giving a rate of approximately Rs. 15 per sq. yard but the Special Land Acquisition Officer had rejected this as it was four days later than that the notification dated 7. 3. 1981. THE learned District Judge did not agree with the approach of the Special Land Acquisition Officer.