- (1.) THIS first appeal arises out of the judgment of the Ist Additional District Judge, Varanasi dated 4.3.1983. The facts of the case in brief are that a land acquisition notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, 1894) was issued on 29.11.1978 and the notification under Section 6 of the Act, 1894 was issued on 19.6.1979. The land of the appellant fell within the ambit of this land acquisition notification. The area of land of the appellant measuring 0.66 acres was situated in village Bhagatpur Pargana Sheopur, District Varanasi. The Land Acquisition Officer gave his award and the compensation awarded under the award was at the rate of Rs. 175.48 paise per decimal.
(2.) AGGRIEVED by the amount of compensation under the award, the appellant (Shyam Behari Lal, now deceased) filed land acquisition reference in the Court of Ist Additional District Judge, Varanasi. The following issues were framed: "1. What was the market value of the property acquired on the date of notification under Section 4 of the Land Acquisition Act ? 2. Whether the claimants are not entitled to enhancement as alleged in para 7 of the written statement ? 3. To what amount of compensation, if any, are the claimants entitled ?" With regard to the issue no.1, namely, the market value of the property in question, according to the appellant, market value of the land in question should have been between Rs.6,000/ - to Rs.8,000/ - per biswa. In support of this claim the appellant relied upon the exemplar in the nature of a sale deed dated 24.1.1978 executed by one Smt. Kamla Devi in favour of Sachchidanand, Vibhuti Narain and Janranjan, which was with regard to 2 biswa of land of Plot No. 261 and the same was sold for Rs.12,000/ - i.e. at the rate of Rs. 6,000/ - per Biswa.
(3.) THE case of the appellant further is that the land in question was situated at a distance of about two furlongs from the Sheopur market and used to yield three crops in a year. In his cross -examination, he has further stated that some land was also grove.;