Kamal Narain Singh, J. - (1.) This appeal is directed against the judgment and decree of the Additional District Judge, Meerut, D/ - 20th March, 1965 awarding compensation to the Respondents for their land acquired by the State Government.
(2.) A notification under Sec. 4 of the Land Acquisition Act, 1894, was issued on 1st Dec., 1958, which was followed by another notification under Sec. 6 of the Act on 12th Dec., 1958. Under these notifications the State Government acquired an area of 23 bighas 3 biswas 10 Biswansis of land situate within the Municipal limits of Meerut for the purpose of construction of Industrial Training Institute. Sec. 17(4) was applied and possession of the land was taken on 29 -1 -79 before the award was delivered. The Respondents, whose land was acquired under the said notifications, claimed compensation, The Land Acquisition Officer treated the entire land as agricultural land and awarded compensation on that basis. At the instance of the Respondents a reference was made by the Collector to the District Judge under Sec. 18 of the Act. The District Judge on appraisal of evidence, Oral and documentary, produced by the parties awarded compensation at the enhanced rate of Rs. 1.50 paise per sq. yard by his judgment dated 20 -3 -l965. Aggrieved, the State of Uttar Pradesh has preferred this appeal under Sec. 54 of the Land Acquisition Act.
(3.) Learned standing Counsel urged that the land in question was being put to agricultural use and as such the District Judge committed error in awarding compensation treating the land to be potential building site. He urged that the claimants were entitled to the value of the property in its actual condition at the time of acquisition and the District Judge was not justified in treating the land as a building site. Admittedly, the land in dispute is situated in Meerut, town within the Municipal limits. On one side of the acquired land there is metalled road connecting Meerut Cantonment with Garhmukteshwar. On the other side of the land there is another metalled road connecting Nagla Battu with Parichhatgrah. Both the roads join the Mall Road which is an important road of Meerut city. In front of the land in dispute, there was Hydel Colony and Hydel Inspection House and also Public Works Department Inspection house. The land is in the vicinity of Saket Colony and Prabhat Nagar Colony, which are developing colonies of the city. In the locality there are bungalows of Civil Surgeon, Deputy Inspector General of Police and Commissioner. There is oral and documentary evidence on record to show that there was pressure on the land in the locality as a number of sale deeds were executed transferring agricultural land for the purpose of constructing building for business and residence.;