- (1.) THIS appeal has been filed against judgment of the learned Additional District Judge/special Judge (SC/st Act), Varanasi dated 25-4-2003 in Land Acquisition Reference No. 126 of 1998. By that judgment the compensation has been enhanced.
(2.) THE total area of the land acquired is 139 Acres whereas the exemplars relied upon are of 1 biswa and 3 biswas. It has been repeatedly held by the Supreme Court and this Court that exemplars of small plots are not the proper exemplars when a large area of land is being acquired e. g. in First Appeal No. 522 of 1993 Krishi Utpadan Mandi Samiti v. Khushi Ram and others, decided on 26-2-2004 in which we have referred to the various decisions of the Supreme Court including Union of India v. Ram Phool, 2003 (10) SCC 167. Following the aforesaid decisions this appeal is allowed and the matter is remanded to the Court below for fresh determination of the market value of the land acquired in accordance with the principles laid down in the aforesaid decision of the Supreme Court and this Court. We hope and trust that the Court below will decide the matter expeditiously, preferably within six months. Appeal allowed. .;