U.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION, KANPUR Vs. BHIM SINGH AND ORS.
LAWS(ALL)-2003-9-347
HIGH COURT OF ALLAHABAD
Decided on September 16,2003

UTTAR PRADESH STATE INDUSTRIAL DEVELOPMENT CORPORATION Appellant
VERSUS
BHIM SINGH Respondents

JUDGEMENT

- (1.) The main question involved in these appeals relates to the market value of the land acquired. FACTS
(2.) A notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act) was published on 16.4.1986 in respect of 438 Bigha 16 Biswa 6 Biswansi (274.322 acres) of land situate in village Kasna, Tehsil Dankaur, District Bulandshahr. The land was acquired for Uttar Pradesh Industrial Development Corporation (the acquiring body). The notification under Section 6 of the Act was published the next day and possession of the land was taken on 03.02.1987.
(3.) The land acquired is recorded as Jangal Avval Aabi, Jangal Avval Khaki, Jangal Doyam Aabi and Jangal Doyam Khaki in the revenue records. The SLAO passed an award on 1.6.1988. He considered many sale-deeds but relied upon the sale-deed dated 16.10.1985 executed by one Maniram in favour of Arjun Singh. This sale-deed was for 10 Biswa Avval Aabi land and was sold for Rs. 21,000/-. This gives a rate of Rs. 42,000/- per Bigha or Rs. 13.80 per square yard. The SLAO deducted 25% from this value due to large area acquired. He awarded Rs. 31,500 per bigha for Avval Aabi land and then determined the value of other type of land by comparing the circle rates of different quality of land with Awal Aabi land. The market value determined by him is as follows : _________________________________________________________________________ SI. Quality of land Circle Rate Rate per Bigha Rs. No. __________________________________________________________________________ 1. Jungle Avval Aabi 4=50 31,500 2. Jungle Awal Khaki 2=44 17,000 3. Jungle Doyam Aabi 3=42 21,040 4. Jungle Doyam Khaki 1=75 12,250 ____________________________________________________________________________ ;


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