M. Katju, J. - (1.) -This appeal has been filed by the Moradabad Development Authority against the judgment and decree of the Additional District Judge, Moradabad in L.A.R. No. 57 of 1995 and other connected cases decided on 17.12.1996. Copy of the impugned judgment is on page 30 of the Paper Book filed by the appellant.
(2.) WE have heard learned counsel for the parties and have carefully perused the impugned judgment. The facts of the cases are that a notification under Section 4 read with Section 17 of the Land Acquisition Act was issued on 30.3.1990. The purpose of the acquisition was planned development by the appellant for housing purpose. The total area acquired under the notification is of 72.595 acres or 2,93,781.80 squire metres. Notification under Section 6 was issued on 14.12.1990, and thereafter possession of the said land was taken on 21.6.1991. The date of the award under Section 11 of the Land Acquisition Act is 24/25.10.1994. The rate for the land awarded as per the award was Rs. 80 per sq. mt. Out of the total area of 72.595 acres of land which was acquired, compensation in respect of an area of 17.32 acres was determined on the basis of a voluntary agreement between the appellant and the claimants which was fixed at Rs. 100 per sq. mt. The present dispute is regarding compensation for the remaining land. The Special Land Acquisition Officer in his award has relied on the exemplar of sale deed dated 25.10.1989 of 100 sq. mt. of land at the rate of Rs. 80 per sq. mt. Rama Shanker is the vendor of that land and Smt. Usha Dhama is the vendee. There were 18 other sale deeds which were summoned by the S.L.A.O. from the office of the Sub-Registrar in which the rate of the land varied from Rs. 1.83 per sq. mt. to Rs. 70 per sq. mt. However, the S.L.A.O. relied on the sale deed in which the rate fixed was Rs. 80 per sq. mt. which was higher among all exemplars.
(3.) SRI A. K. Mishra, learned counsel for the appellant submitted that even fixing Rs. 80 per sq. mt. was a highly excessive and exorbitant rate, and the S.L.A.O. should not have ignored other sale deeds since there is no legal principle that only the highest rate in any of the exemplars has to be adopted. However, we are not prepared to accept the submission of SRI A. K. Mishra that the rate which should be awarded for the land in the present dispute should be less than Rs. 80 per sq. mt. because the appellant cannot challenge that rate on account of Section 25 of the Land Acquisition Act. We have, therefore, to see whether the rate awarded by the reference court under Section 18 was excessive and arbitrary or not. The reference court (the court below) has fixed the rate at Rs. 270 per sq. mt.;