J.P.Semwal - (1.) THIS appeal is directed against the judgment and decree dated 31st March 1978 passed by the First Addl. District Judge, Meerut in L.A. Case No. 326 of 1975 in a reference made in the Land Acquisition Act. The facts giving rise to the present appeal may be stated in brief, as follows :-
(2.) THE Executive Engineer, Temporary National High Way Division, PWD Ghaziabad, moved the Government for acquisition of the land of village Doonda Hera, Pargana Loni, Tahsil Ghaziabad for the construction of Ghaziabad Bye-pass on National High way no. 24. Notification under seection 4(1) and 6(1) of the Land Acquisition Act were published in the U.P. Gazette dated 11-3-1972. THE possession was taken on 30-3-1972 and the special Land Acquisition Officer. Meerut, gave the award on 10th Oct. 1974. The Special Land Acquisition Officer awarded total compensation amounting to Rs. 3,43,339.96 p. including solatium. He determined this compensation on the basis of classification of soil. He determined the rate of compensation at Rs. 4741.38 p. per bigha for Sewta I Khaki at Rs. 3551 72 per bigha ; Sewta II Abi at Rs 3551.72 per bigha ; Sweta II Kbaki at Rs. 2586.21 p. per bigha and Sewta II Khaki at Rs. 1887.93 per bigha after proportionately reducing the rate of inferior quality of land. The acquired land included Khasra plots nos. 265/1/3 (0-2-2). 266/1 (11-5), 370 (2-4-10), 734 (1-12-0.) 494 (0-4-8), 494/1 (0-7-5), 1241/1 (0-8-10) of Khata no. 129, 242 (1 -10-0) 244 (0-1-0) 251 (1-6-0) of Khata No.- 130 and 491/1 (0-5-7) of Khata no. 267 belonging to the claimants. For this acquired land only Rs. 3,43,339.96 p. were awarded. The appellants feeling aggrieved by this award, asserted that their land should have been treated as potential building site and accordingly the compensation should have been awarded. They claimed that the value of the land on the material date was not less than Rs. 6/- per square yard and requested that a reference be made to the court of District Judge for disposal of their objections. The reference before the Additional District Judge under section 18 of the Act was contested by the State Government which asserted that the compensation awarded by the Special Land Acquisition Officer, Ghaziabad, was fair and adequate and no further compensation could legally be awarded to the claimant. The Additional District Judge framed two issues on the pleadings of the parties. The present appellants claimants filed four exemplers to show the market rate of the acquired land and examined appellant No. 1, Chand Kiran Tyagi. No evidence was led by the State.
(3.) THE submissions of the claimants before the Addl. District Judge that Khasra plots nos 374, 494, 494/1 and 1241 are adjacent and very close to the village abadi and as such they should have been treated as potential building site. THE submission finds support from Ext. A-2, the Sajra of the village. THE Additional District Judge, therefore, opined that the claimants were entitled to compensation not on the basis of soil classification but as a potential building site In respect of these four plots No documentary evidence has been filed to show that the agricultural land was being sold on the material date at a higher price than the compensation awarded by the special land acquisition officer, therefore the claimants are not entitled to any enhanced compensation in respect of remaining plots. As regards the aforementioned four plots having potential building site is concerned, the learned Addl. District Judge relied on Ext. 3, sale-deed dated 19-8-1971 executed by Ram Saran in favour of Bhikki in respect of plot no. 46, measuring 400 sq. yds. for Rs. 12,000/-. THE rate according to the sale-deed comes to Rs. 3/- per sq. yd. In the opinion of the Addl. District Judge the sale-deed was nearer to the date of acquisition and was thus a good exempler. THErefore, he held that the claimants are entitled to compensation at the rate of Rs. 3/- per sq. yd. in respect of their Khasra plots nos. 374", 494, 494/1 and 1241. In the result, the claim petition was partly allowed by the Addl. District Judge and the claimants were awarded compensation at the rate of Rs. 3/r per sq. yd. in respect of aforesaid four plots and solatium at 15% on the entire amount of compensation along with interest at the rate of six per cent per annum on the enhanced amount of cornpensation from the date of possession to the date of payment or deposit. Parties were directed to pay costs proportionate to their success and failure. Aggrieved by this award dated 31st March 1978, the appellants have preferred this appeal, inter-alia, on the grounds that the court below in determining the market value at the rate of Rs. 3/- per sq. yd. had acted arbitrarily and against the evidence on record and that exemplars sale deed filed on behalf of the claimants appellants amply prove that their claim was made out for compensation at the rate of Rs. 6/- per sq. yd.;