- (1.) THESE appeals, involving similar questions of fact and law, were taken up for hearing together and are being disposed of by this common judgment.
(2.) NATIONAL Thermal Power Corporation Ltd. is a Public Sector undertaking and is engaged, inter alia, in generation of electricity. With an intention to set up a thermal power plant at Sarna, Murad Nagar, District ghaziabad in the State of Uttar Pradesh and nearby villages, a requisition was sent to the Collector of the District for the purpose of acquisition of some lands belonging to the appellant herein. Pursuant to or in furtherance of the said requisition and having regard to the fact that setting up of a thermal power plant was to be treated to be a public purpose within the meaning of provisions of the Land Acquisition Act, 1894 (hereinafter called and referred to for the sake of brevity as 'the Act'), the State of Uttar pradesh (the State) on or about 6. 9. 1984 issued a notification in terms of section 4 thereof. The lands in question are situated in villages Sarna, Khurrampur, sultanpur, Jalalpur and Mohiuddinpur. Herein, we are concerned with the lands situated in village Sarna only. The said notification was published in the official Gazette on 8. 9. 1984. Keeping in view the fact that generation of electricity was of urgent and imminent need, a notification under Section 6 read with Section 17 (1) and 17 (4) of the Act was also issued by the State on 26. 9. 1984. The said notification was published in the Gazette published by the State of Uttar pradesh on 29. 9. 1984. Notices were issued to the claimants for settlement of their claims in terms of Section 9 of the Act on 27. 10. 1984. 80% of the amount of compensation, as provided for under Section 17 (3a) of the Act, as determined, was also paid to the appellants by way of advance. Possession of the said lands in question was taken on 16. 11. 1984. The Collector made an award on or about 24. 9. 1986. The lands in question were classified in two categories, namely, 'dakar Doyat Khaki' and 'dakar Doyat Aabi' purported to be having regard to the nature thereof as also the extent of fertility. Before the Collector, a large number of sale deeds in respect of the lands situated in the said village and/or neighbouring village were produced. A large number of sale deeds were kept outside the purview of consideration by the Land Acquisition Collector for the purpose of making the award on the premise that the consideration therefor had been paid in terms of square yards of land and, thus, the rate would be on higher side.
(3.) THE Collector took into consideration 29 deeds of sale in respect of the areas which were within the Murad Nagar Municipality on the premise that they were more useful and the rate being on the higher side, the same should also be kept out of consideration. He took into consideration only five deeds of sale being No. 34, 254, 480, 629 and 635. Out of the said five sale deeds, three deeds of sale being no. 480, 629 and 635 were again kept outside the purview of consideration having regard to the distance factor as also the fact that the lands under the said deeds were situated on the other side of the village. So far as sale deed no. 34 is concerned, the Collector was of the opinion that the amount of consideration stated therein was deliberately kept low to avoid stamp duty. He took into consideration a deed of sale which was executed on 27. 7. 1982, i. e. , two years prior to the issuance of notification under Section 4 of the Act being sale deed No. 254 in respect of Khasra No. 1354 and 1355.;