B. L. Yadav, J. - (1.) THESE three appeals involve similar questions of law and fact, consequently it is convenient to dispose them of by a common judgment.
(2.) APPEAL No. 80 of 1987 shall be the leading case. First Appeal No. 80 of 1987 has been filed under Section 54 of the Land Acquisition Act, (for short the Act), on behalf of the State of U. P. through Collector, Bijnor and the Krishi Utpadan Mandi Samiti, Najibabad, through its Secretary, against the judgment dated 21-10-1986 passed by the IInd Additional District Judge, Bijnor (in Land Acquisition Case No. 46 of 1981, Ratatt Behari v. State). First Appeal No. 79 of 1987 has been filed on behalf of the State of U. P. and the Krishi Utpadan Mandi Samiti, Najibabad, through its Secretary, against the judgment dated 21-10-1986 passed by the IInd Additional 'District Judge, Bijnor (in L. A. Case No. 47 of 1981, Ajai Kumar v. State), whereas First Appeal No. 78 of 1987 has been filed on behalf of the State of U. P. and Krishi Utpadan Mandi Samiti, through its Secretary, against Brij Behari (in Land Acquisition Case No. 47 of 1981). All these appeals arose out of judgment dated 21-10-1986. In First Appeal No. 80 of 1987, by notification under Section 4 of the Act dated 2-6-1978, plot no. 90/3 area 16032 sq. yards of village Ibrahimpur Raju, Pargana Najibabad, was sought to be acquired and possession was taken over on 27-7-1978. The Land Acquisition Officer assessed the value of the land on the basis of sale deed dated 23-5-1978 executed by one Jagdish Prasad in favour of Arun Kumar Jain in respect of plot no. 50 of the said village. In First Appeal No. 79 of 1987 an area of 26786 sq. yards in Khasra plot no. 34 belonging to respondent situate in village Sheikhpur Garhi was acquired by the State for construction of residential quarters, Stores-, Section Office of the Irrigation Department. The possession was taken on 17-9-1979. In First Appeal No. 78 of 1987, however, an area of 19 bigha 10 biswa of plot no. 90/2 of the respondent was acquired. In other words an area of 58987 sq. yards was acquired by notification dated 2-6-1978 and possession was taken on 27-7-1978.
(3.) IN First Appeal No. 80 of 1987, the Land Acquisition Officer, Bijnor awarded a sum of Rs. 12887.90 as compensation besides solatium and interest in respect of plot no. 90/3 area 5 bigha 6 biswa. But in reference that amount was enhanced and reference was allowed and a compensation at the rate of Rs. 50/- per sq. yard was allowed along with solatium at the rate of 30% of the market value and the interest at the rate of 9% per annum for the first year from the date of taking possession of the land acquired from respondent no. 1 and at the rate of 15% per annum for the subsequent period till the date of payment of enhanced amount of compensation. IN First Appeal No. 79 of 1987 a sum of Rs. 6,23,270 was awarded as compensation in addition to compensation already awarded by the Special Land Acquisition Officer and an area of 1751 sq. yard was left by inadvertence in respect of which no compensation was awarded by the Special Land Acquisition Officer. IN respect of that area also the compensation was awarded and 15% solatium on the said amount and the interest at the rate of 6% per annum on the amount of compensation was also awarded. IN First Appeal No. 78 of 1987 the amount of compensation was enhanced by the judgment dated 23-10-1986 passed by the Ilnd Additional District Judge in respect of plot no. 90/2 area 1 bigha 10 biswa, 37812 sq. yards belonging to respondent was acquired in village Ibrahimpur Raju and the amount awarded by the Land Acquisition Officer was also enhanced. Sri B. D. Mandhyan, learned counsel for the appellants urged that the sale deed in respect of plot no. 50 has been relied upon as exempler and it was prior to notification under Section 4 of the Act and the exempler was of small area, hence it could not be relied upon and made the basis for enhancement of compensation in respect of bigger area. Reliance was placed on Administrator General of West Bengal v. Collector, Varanasi, AIR 1988 SC 943 and Cbimanlal Hargovind Das v. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652. It was further raged that on the basis of evidence on record the enhancement of compensation in three appeals could not be justified and the amount of compensation awarded by the Special Land Acquisition Officer was perfectly justified.;