A. K. Yog, J. - (1.) ALLAHABAD Development Authority, ALLAHABAD through its Secretary (defendant-appellant) (hereinafter called 'A.D.A.') has filed the above noted first appeal under Section 54, Land Acquisition Act (called 'the Act') against impugned judgment and compensation award dated May 15, 1998, passed by Vth Additional District Judge, ALLAHABAD in Land Acquisition Reference No. 51 of 1994, Shakeel Ahmad and two others v. Government of U. P. through Collector and another whereby the court below had enhanced compensation and fixed at the rate of Rs. 115 per sq. metre, i.e., Rs. 2,60,000 per bigha and also additional compensation under Section 23 (1A) of the Act @ 12% market value along with 9% per annum interest on enhanced compensation amount w.e.f. the date of taking possession (i.e., 12.11.1990) till its actual payment and interest @ 15% per annum in case compensation amount is not deposited within one year, i.e., upto 12.11.1991.
(2.) DETAILS of land in question, which is subject-matter of compulsory acquisition under the Act, is admittedly agricultural land of two khatas, situated in Mauja, Kasari, Masari Paragana and Tahsil, Chail, district Allahabad. I. Khata No. 344 Ka Sl. No. Plot No. Area 1 25285 01/08/00 2 281/2 0-7-0 3 314 0-8-0 4 401 0-7-0 5 565 0-7-0 Total 3-00-0 II. Khata No. 344 Kha Sl. No. Plot No. Area 1 252(M) 0-5-0 2 921 0-16-0 3 947 0-12-0 4 983 0-08-0 5 1971 0-06-0 6 1869 0-04-0 Total 02/11/00 Total : 1+11=5-11-0. Relevant dates are : 21.7.1990 Notification under Section 4 (1) of the Act 15.9.1990 Notification under Section 6, read with Section 17 (1) of the Act. 12.11.1990 Possession taken of the land in question. 12.10.1992 Award by S.L.A.O. fixing three rates ; i.e., (i) @ Rs. 44.88 per sq. metre, (ii) Rs. 50.86 per sq. metre and (iii) Rs. 59.84 per sq. metre. Not being satisfied, the claimants filed L.A.R. No. 51 of 1994 under Section 18 of the Act before the District Judge, Allahabad. It was finally decided by Vth Additional District Judge, Allahabad, by means of the above mentioned impugned judgment and award and has given rise to the present first appeal. Before the court below, the claimants (contesting respondents) contended that the land, of which they were bhumidhars, was surrounded by urban localities, namely, Kasari, Masari, Chak Niratul, Rajrooppur and Beniganj ; site had facility of electricity and water supply, there existed hospital in nearby vicinity ; the land in question was 1/2 Km. to one Km. from G.T. Road and Kaushambi Road, prevailing circle rate fixed by Collector under Indian Stamp Act was Rs. 300 to Rs. 400 per sq. metre land in the nearby colony called, 'Guru Teg Bahadur Nagar' was Rs. 500 to Rs. 600 per sq. metre and the land in question was inside municipal limit. (Reference may be made to paras 4 and 9 (ii) of reference petition-P.P. 22 of the Paper Book). Compensation for loss of sarso and bajara crops, allegedly sown over aforesaid plots, was also claimed.
(3.) A written statement was filed on behalf of State of U. P. (P.P. 47 of the Paper Book) categorically pleading that the land was undeveloped and uneven at the time of notification under Section 4 of the Act, there was no irrigation facility, 40% deduction was liable to be granted on the head of development, no factory or industry existed in the vicinity of the land in question. In the writers statement, paras 9, 10 and 11 filed by A.D.A. (P.P. 53 of the Paper Book), it is mentioned that the land was not developed, it was used only for agriculture purpose, there was no urbanisation ; Railway Station, G.T. Road were 3 Kms. away circle rates were not relevant and huge amount was required for developing the land in question.;