B. K. Rathi, J. - (1.) -This first appeal has been preferred against the judgment and order dated 30.4.1992 passed by Sri R. K. Shukla, Additional District Judge, Allahabad in Land Acquisition Reference No. 85 of 1989 under Section 18 of Land Acquisition Act (hereinafter referred to as the Act).
(2.) I have heard the standing counsel for the appellants and Shri S. D. Shukla for respondent. The land was acquired for the construction of canal. The notification under Section 4 (1) of the Act was issued on 14.2.1984 and under Section 6 (1) of the Act on 1.1.1985. The possession of the land was taken on 31.3.1987 and the award was also delivered on that day. The compensation awarded by the Special Land Acquisition Officer varied from Rs. 11,814.35 paise per bigha to Rs. 9,623.78 per bigha, according to the quality of the land, 30% solatium and interest were also awarded according to the law. The claimants were not satisfied with the award and, therefore, reference was made at their instance under Section 18 of the Act. The said reference has been allowed by the impugned judgment. The market value of the land has been fixed at Rs. 20,000 per bigha. Rs. 5,000 has been awarded for loss due to severance of the plot. The State felt aggrieved by the enhancement of the compensation and, therefore, preferred this appeal.
(3.) IT appears that before the reference court, the respondent examined himself as P.W. 1 and stated regarding the location of the land. He also stated regarding the potential value and further stated that it can fetch Rs. 50,000 per bigha. However, that statement is not very material and can be of no help in assessing the market value. The reason is that everybody considers his article to be very valuable. The statement of the respondent is only his wishful thinking. An exemplar was filed by the opposite party which is sale deed dated 31.3.1986 but the same has been ignored by the reference court on the ground that it is of much later period and is of no help in determining the market value.;