Sanjay Misra, J. - (1.) LIST has been revised.
(2.) HEARD learned Standing Counsel for the Appellant. This is a First Appeal against the judgment and decree dated 03.05.198 passed in Land Acquisition Reference No. 97 of 1987 between Laxmi Prasad v. State of U.P. and Anr. by the District Judge, Gorakhpur, whereby the compensation for the acquired land has been increased.
(3.) ACCORDING to learned Standing Counsel the Reference Court has clearly recorded that there were no exemplars filed by the claimant -Respondent with respect to value of land and the exemplars of 1980 filed on behalf of State have been discarded for the reason that they are three and half years old. Learned Standing Counsel has submitted that the amount awarded by the Special Land Acquisition Officer was Rs. 16019/ - for 1.79 acres, whereas the Reference Court has increased amount to Rs. 1 lac per acre for the reason of its potential value. He refers to the reasoning given by the Reference Court and states that admittedly the land is at a distance from Ramgarh Tal as also from Ramgarh village and the facilities of water and electricity in the village are not available near the land. The land in question is not connected with any pakka road. He states that mere fact that the land is plain could not lead the Reference Court to record that houses can be constructed thereupon particularly, in view of the statement of the Lekhpal that the land is 6 to 7 feet lower in level from the national highway which even otherwise is more than one and half kilometers away. Learned Standing Counsel states that the fixation of such high valuation for land in the interior and low lying land on the ground that it has potential value is illegal and against the evidence on record hence it cannot be sustained inasmuch as no reason has been given for arriving at the potential value of the land in question by the Reference Court.;