BENGALIMAL Vs. COLLECTOR AGRA

JUDGEMENT

(1.) THIS is an appeal by the claimants under Section 54 of the Land Acquisition Act (hereinafter referred to as an Act) for enhancement of compensation.

(2.) SOME land for establishing a 220 K.V. Sub-station and construction of staff quarters for the Hydel department of village Kakretha in District Agra was acquired by the State of U.P. The preliminary notification proposing to acquire the land was issued on 1.3.1975 and was followed by a declaration under Section 6 of the Act on 15.6.1975. The SLAO offered market value of the acquired land @ 3.50 per sq. yard as per award dated 14.12.1977. The award was not acceptable to the claimants and, therefore, they preferred a reference under Section 18 of the Act which came to be registered as LAR No. 70 of 1978 (Bengalimal and another v. Collector Agra and another). The reference was in respect of three plots of the claimants i.e. plot No. 339/1 area 1 bigha 6 biswa, 339/2 area 1 bigha 5 biswa and plot No. 341 area 1 bigha 19 biswa, total area 4 bigha 10 biswa which is equivalent to about 12403 sq. yard. The reference Court vide judgment, order and award dated 9.3.1984 determined the market value of the acquired land for the purposes of compensation to be Rs. 5 per sq. yard.

(3.) LEARNED counsel for the appellant has argued that the market value of the acquired land as awarded by the reference Court is inadequate and is liable to be increased on the basis of the evidence on record. Secondly, the District Judge has incorrectly awarded solatium only @ 15% on compensation as under the amended provisions of the Act, solatium @ 30% is admissible. Thirdly, it has been argued that interest at the higher rate as provided under the amended provisions is payable not only on the market value but also on the solatium awarded.