Sanjay Misra, J. - (1.) HEARD Sri I.H. Ansari holding brief of Sri Subodh Kumar learned counsel for the appellant which is the Union of India. List of final hearing cases has been revised. None appears on behalf of the claimant respondents.
(2.) THIS First Appeal arises out of Land Acquisition Case no. 188 of 1982 (Mohd. Ashiq and Others Vs Collector Saharanpur) wherein by the judgment and order dated 19.2.1988 the District Judge, Saharanpur has enhanced the compensation of the land in question to Rs. 3450/ - per Bigha and has awarded solatium @ Rs. 30 along with interest @ 9 percent per annum. Learned counsel for the appellant has made two submissions, the first is that the enhancement of compensation to Rs. 3450/ - per Bigha is highly excessive and the second is that solatium with interest could not be awarded when the land has been acquired under the Defence India Act 1962 for the purpose of construction. He states that the present proceedings were initiated under the Requisitioning and Acquisition of Immovable Property Act 1952 read with Defence of India Act 1962.
(3.) HAVING considered the submission of learned counsel for the appellant and perused the record in paragraphs 7 and 8 of the judgment impugned the exemplar sale deeds were considered and it was found that the land in question was valued at Rs. 4000/ - to Rs. 6000/ - per Bigha. However the first exemplar sale deed dated 5.1.1971 was taken into account wherein the compensation paid was @ Rs. 4600/ - per Bigha. But since the area of the first sale deed was only 7 Bigha 12 Biswa and the area acquired in the present proceedings was 249 Bigha 14 Biswa, it was found that due to large area of acquisition Rs. 4600/ - per Bigha was required to be reduced by 25 percent for the purpose of compensation and therefore it fixed Rs. 3450/ - per Bigha. No error can be found in the reasoning given in paragraphs 7 and 8 of the impugned award.;