- (1.) This appeal is against the judgment dated 14th July, 1997.
(2.) Briefly stated the facts are as follows : Section 4 Notification for acquisition of 6.9 acres of land were issued on 30th January, 1988. Section 6 Notification was issued on 30th July, 1988. The award was passed on 16th July, 1990. The Land Acquisition Officer had called for sale deed from the office of the Registrar of Documents. He received 12 sale deeds of which one was in respect of a land situated within the acquired land. The Land Acquisition Officer, therefore, considered that sale deed to be a relevant document and on the basis of that sale deed, awarded compensation at the rate of Rs. 15.37 per sq. yards.
(3.) The respondent and other claimants whose land had been acquired filed references under S. 18. Before the Reference Court it was proved that near the acquired land there was a cold storage and a petrol pump. It was shown that the high way passed near the acquired lands. It was proved that there was a lot of building constructions going on all around the acquired land. It was thus proved that the acquired land has high potential for building construction activity. The sale deed by which the respondent had himself purchased a portion of this land, in January, 1984 for Rs. 4100/- was proved. However the respondent also relied on an order dated 28-5-1987 by which the Stamp Officer fixed the market value to be Rs. 120 per sq. yards and levied stamp duty accordingly. The Reference Court relied on the fact that the District Magistrate, Badaun had fixed market rate of land, within the abadi at Rs. 200 to 250 per sq. yard and that of land away from the abadi at Rs. 150 to 170 per sq. yards. On this basis the Reference Court fixed compensation at the rate of Rs. 150 per sq. yard.;