Sanjay Misra, J. - (1.) LIST of hearing cases has been revised. None appears on behalf of the respondent in spite of repeated calls. Sri Sirish Chandra, learned Standing Counsel for the appellant is present.
(2.) THIS first appeal under Section 54 of the Land Acquisition Act has been filed against the award dated 20.03.1990 passed in Land Acquisition Reference No. 11 of 1987 (Gopal Singh & others Vs. Collector/Special Land Acquisition Officer, Azamgar). Learned Standing Counsel has submitted that notification under Section 4 of the Act was issued on 26.06.1986 and notification under Section 6 of the Act was issued on 27.06.1986. Possession of the land was taken on 25.04.1987 and the award was also given on the same date. According to him the land was acquired under the notification for the purpose of construction of Mehnagar -Jigni P.W.D. Road. He submits that the claimant -respondent had filed 25 sale deeds executed three years prior to the date of acquisition, therefore, they were not appropriate for being considered while determining the compensation for the land. The second submission is that the sale deed dated 06.09.1985 was taken into account wherein the rate of land was @ Rs. 89285.71 per acre and therefore it came to Rs. 2500/ - per bishwa. Learned counsel states that in reference under Section 18 of the Act, the Reference Court had wrongly enhanced the compensation to the claimant -respondent @ Rs. 3500/ - per bishwa. According to him there was no evidence to such effect and the only evidence was of Rs. 2500/ - per bishwa and as such this is a case of no evidence while enhancing the compensation for the land in question.
(3.) UPON going through the impugned award it appears that the claimant -respondent had themselves deposed and filed the sale deed dated 06.09.1985 of 28 kari which was for a total sum of Rs. 89285.71 per acre i.e. Rs. 2500/ - per bishwa and the nature of the land in question was rabi -2. The land of the claimant -respondent is also rabi -2 and was near the land that was subject matter of the sale deed dated 06.09.1985. The oral evidence lead by the claimant -respondent was considered in light of the sale deed dated 06.09.1985 and the Reference Court found that the compensation awarded by the Special Land Acquisition Officer was inadequate and required to be enhanced. While enhancing the compensation he has enhanced it to Rs. 3500/ - per bishwa. From the impugned judgment it does not appear that there was any exemplar available on record for grant of compensation @ Rs. 3500/ - per bishwa. It appears that the submission of learned counsel for the appellant has substance since the enhancement of compensation @ Rs. 3500/ - per bishwa is not based on any evidence on record whereas the best evidence was of the sale deed dated 06.09.1985 which was for Rs. 2500/ - per bishwa.;