Sanjay Misra, J. - (1.) HEARD Sri Sirish Chandra, learned counsel for the appellant and Sri A.M. Zaidi, learned counsel for the respondents.
(2.) THIS first appeal has been filed against the judgment and decree dated 12.12.1988 passed in Land Acquisition Reference No.201 of 1987 (Bhagwana & others Vs. State of U.P. & others) by the First Additional District Judge, Bijnor. According to learned Standing Counsel, large tract of land was acquired in village Aurangpur, Nandlal, District Bijnor, under the provisions of Land Acquisition Act. He states that notification under Section 4 of the Act was issued on 12.12.1983 and the notification under Section 6 of the Act was issued on 17.12.1983. The possession of the land was taken on 22.09.1986 and the award whereof was given by the Special Land Acquisition Officer on 23.10.1986. Learned counsel has pointed out that the Special Land Acquisition Officer has fixed rates for acquisition of different types of land. For Sawai Awal he has fixed Rs.10,000/ -per acre, for Mohara God he has fixed Rs.8941.20p per acre, for Sawai Doyam he has fixed Rs.6983.80p and for Madiyar he has fixed Rs.3031.07p per acre.
(3.) LEARNED Standing Counsel states that the claimant -respondent had demanded Rs.55,000/ -per acre as compensation for the land acquired. According to him, the total land acquired under the said notification was 28.92 acres whereas the claimant -respondent's land acquired was of an area of 2.498 acres. Learned counsel states that the Reference Court in a reference under Section 18 of the Land Acquisition Act has enhanced the compensation to Rs.15,000/ -per acre. He has disputed the said enhancement for the reason that while considering the Issue No.1 with respect to amount of compensation to be awarded it has considered the exemplar sale deed dated 27.01.1982 of the same village, however, it has not been relied upon for the reason that it was executed more than one year prior to the acquisition. Learned Standing Counsel has submitted that the Reference Court then took into consideration a sale deed dated 25.10.1982 executed with respect to land of a neighbouring village Khumera of an area of 3 vishwa 18 dismil which was sold @ Rs.17,000/ -per acre. Learned Standing Counsel points out that the area of the land subject matter of the sale deed dated 25.10.1982 was very small and therefore could not be a good exemplar, however, the Reference Court has without any evidence whatsoever proceeded to enhance the compensation @ Rs.15,000/ -per acre.;