- (1.) S. C. Mohapatra, J. These two appeals are under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' ). Land owners have filed a cross objection under Order XLI, Rule 22, C. P. C. for enhancement of compensation awarded.
(2.) STATE of Uttar Pradesh compulsorily acquired 16 Bighas 18 Biswas of land on basis of preliminary notification under Section 4 (1) of the Act published on 9-5-1970 for benefit of the appellant, a statutory authority for Land Development and Housing Scheme No. 7. Land owners made a claim for compensation on basis of prevailing market value at the rate of Rs. 40 per sq. yard. Land Acquisition Collector offered compensation at the rate of Rs. 18. 75 for first bolt and Rs. 12. 50 for second belt. Land owners requested for reference under Section 18 of the Act on basis of which references were made. Learned VII Additional District Judge having awarded compensation determining market value at Rs. 28. 35 per sq. yard, appeals and cross objec tions have been filed. Acquired land is situated adjacent to Meerut-Hapur Road, Meerut-Garh Road, Meerut-Quadipur Road and Meerut Shergarhi Road on the main road coming from Meerut City. Acquired land belonged to various land owners. In respect of all the land owners references were made. At diffe rent times, different presiding officers decided some of the references. These awards have been filed as exemplars in two references from which these two appeals arise. Before learned Trial Judge learned counsel for the State Govern ment accepted the position that entire area acquired have same potentialities. This has not been challenged by appellants in these two appeals. Thus, on the facts and in the circumstances of these two appeals it can be concluded that portions of the land of different owners from out of the total area acquired under the same notification for the same purpose, have similar advan tages.
(3.) IN Land Acquisition reference No. 245 of 1983 market value of a portion of the acquired land was considered. Learned VIII Additional District Judge determined market value at Rs. 26. 25 per sq. yard. This is exemplar No. 5 (Paper No. 16/c. ). IN L. R. Reference No. 26 of 1987, however, learned 3rd Addl. District Judge awarded compensation determining market value at Rs. 30. 45 per sq. yard considering sale-deed dated 26-12-1967 where consideration passed at the rate of Rs. 40. 60 per sq. yard. All these exmplars have been considered by trial Court to come to conclusion that rate of land under these two references is Rs. 28. 35 per sq. yard. Learned counsel for the appellants submitted that sale-deed dated 26-12-1967 cannot be accepted since the same is a remote sale deed not reflecting a contemporaneous transaction in respect of land having similar advantages situated in the vicinity. It is submitted that claimant land owner in a reference under Section 18 of the Act stands in position of plaintiff in a suit and heavy onus lies on him to prove that statutory offer by Collector in award under Section 11 of the Act is grossly low or is otherwise unreason able He is further to prove the market value at which he claims compensa tion. In these reference, land owners have relied upon the reflected in the awards as well as the sale-deed. For considering rate reflected in the sale deed claimant is required to examine either the vendor or the purchaser to explain the circumstances under which such high rate was fixed. He is also required to prove that land under the sale-deed and land under acquisition have similar advantages. There being no such material on record, learned District Judge ought to have confirmed the awards under Section 11 of the Act.;