Sanjay Misra, J. - (1.) HEARD Sri Manzarul Islam, learned counsel for the appellants, learned Standing Counsel and Sri O.P. Srivastava, learned counsel for the respondents.
(2.) THIS is a First Appeal under Section 54 of the Land Acquisition Act filed against the judgment and order dated 30.10.1976 passed by the Ist Additional District Judge in Land Acquisition Reference No. 357 of 1972, whereby the claim for enhancing the compensation for the land acquired has been refused. Sri M. Islam, learned counsel for the appellants has submitted that the Special Land Acquisition Officer had awarded compensation @ Rs. 1.10 per sq. yard. The acquisition notification under Section 4 of the Act was issued on 15.12.1967, notification under Section 6 of the Act was issued on 11.01.1969, the possession was taken on 06.03.1969 and the award was made on 23.03.1970. According to him the appellants had filed exemplar sale deeds wherein the land adjacent and nearby the appellants' land had been sold @ Rs. 4.35p per sq. yard three and half years prior to the notification. Learned counsel states that the appellants has not made a claim of Rs. 4.35p per sq. yard but had made claim for Rs. 2.00p per sq. yard and as such by rejecting the exemplar and denying the claim to the appellants the Reference Court has committed an illegality.
(3.) SRI O.P. Srivastava, learned counsel for the respondent has contested the submission of learned counsel for the appellants and has submitted that there was no evidence of title or possession of the appellants over the land in question and further that the Uttar Pradesh State Industrial Development Corporation Ltd., (U.P.S.I.D.C.) was not made a party before the Reference Court.;