- (1.) This appeal, for enhancement of compensation, by special leave, arises out of and is directed against the judgment and decree dated 17th November, 1971 of the High Court of Allahabad in First Appeal No. 171 of 1966 affirming the Award and Decree dated 13-12-1965 of the lst Addl. District Judge, Varanasi, made in a Reference under S. 18 of the Land Acquisition Act 1894. Property known as "Gopal Lal Villa" a sprawling 60 year old building of about 25000 square feet of plinth-area comprising of 35 rooms, halls and other appurtenances, its large 23.66 acre grounds with 431 fruit and 13 Timber trees; 12 Bamboo-clumps, situated on the outskirts of the City of Varanasi, originally part of the estate of Raja P. N. Tagore, and now vesting in the Administrator General, West Bengal, was acquired pursuant to the preliminary notification, published in the Gazette, dated, 4-7-1959 for the purposes of the education department of the Government of Uttar Pradesh.
(2.) Before the Land Acquisition Officer, Appellant claimed compensation of Rs. 8,00,580/- (at Rs. 352 per decimal) for the land; Rs. 3,50,000 for the building and structures; Rs. 41,010/- for the tree growth; and Rs. 5,000/- as compensation for change of residence. The Land Acquisition Officer, however, by his Award dated 4-11-1961 under S. 11 of the Act determined the market-value of the land at Rs. 3,31,340/- valuing it Rs. 140/- per decimal (or Rs. 14000/- per acre); of the building and structures at Rs. 57,660/- and of the tree-growth at Rs. 355.83. Appellant, not having accepted the offer contained in the award, sought for a reference under S. 18 of the Act to the Civil Court in proceedings pursuant to which the District Court enhanced the market-value of the land to Rs. 4,73,200/, (from Rs. 140 to Rs. 200/- per decimal) leaving the valuation of the building and the tree-growth undisturbed. The High Court has affirmed the Award, dismissing appellant's claim for further enhancement before it.
(3.) We have heard Shri D. N. Mukherjee, learned counsel in support of the appeal and Shri Prithviraj, learned Senior-Advocate for the respondent. We have been taken through the judgment under appeal and the evidence on record. On the contentions urged at the hearing, the following points fall for consideration : (a) Whether the estimate of the market value of the acquired land at Rs. 200/- per decimal is unreasonably low and is arrived at ignoring the evidence on record and settled principles of valuation (b) Whether the valuation of the buildings and structures at a mere Rs. 57,660/- calls for an upward revision (c) Whether the award made for the tree-growth is inadequate and is required to be valued higher (d) Whether appellant is entitled to the benefit of Sec. 23(2) of the Act as introduced by the U.P. Land Acquisition (Amendment) Act 1972 providing for solatium and, further, to higher rates of solatium and interest under the Central Amending Act (Act No. 68 of 1984) on the ground that proceedings were pending in appeal before this court on the dates these amendments came into force ;