- (1.) The above appeal has been filed under Section 54 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act') against the judgment and decree dated 31st May, 1991 passed by the District Judge, Ballia in Land Acquisition Reference No. 132 of 1988. The only controversy raised in the present appeal is with regard to determination of compensation amount of the land acquired by notification dated 8th March, 1980 under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam and notification dated 27th November, 1982 issued under Section 32 of the U.P. Avas Evam Vikas Parishad Adhiniyam, which corresponds to Sections 4 and 6 of the Land Acquisition Act. Various plots total area 33.01 Acres, detailed in the award dated 28th August, 1987 of the Land Acquisition Officer (hereinafter referred to as 'the Officer'), were acquired for Harpur Bhumi Vikas Evem Grih Sthan Yojna, Ballia. The total area of the land acquired from the respondents herein is 2.40 Acres. The officer awarded compensation amount at the rate of Rs. 93,750/- per acre. On reference application, a reference was made to the Civil Court being L.A.R. No. 132 of 1988. The reference Court proceeded to hold that there is no valid reason to discard the sale-deed executed by Shri Lallan Prasad dated 17th December, 1979. It is a perfect exemplar. The value of the land of Shri Lallan Prasad correctly reflects market value of acquired land at the relevant time. The sale-deed was executed two months and 20 days before notification under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam and it is in respect of a very small area. However, it proceeded to enhance the compensation at the rate of Rs. 15,000/- per katha.
(2.) Contention of learned counsel for the appellant is that the enhancement made by the reference Court to Rs. 15,000/- per katha is not justified under law. The only question which falls for determination in this appeal is whether the reference Court was justified in fixing compensation amount at the rate of Rs. 15,000/- per katha or not?
(3.) Heard the learned counsel for the parties and perused the record.;