Sudhir Agarwal, B.K. Srivastava, J. - (1.) This appeal, under Sec. 54 of the Land Acquisition Act (hereinafter referred to as "Act, 1894") has arisen from the award dated 15.3.2001, passed by Shri Ambarish Kumar Xth Additional District Spl. Land Acquisition Officer, Ghaziabad, adjudicating twelve land Acquisition References (hereinafter referred to as L.A.R.), including L.A.R. No. 268 of 1993. Dispute relates to the determination of fair market value of the land situate at Village Rasulpur Newada, Tehsil and Pargana - Dadri, District -Ghaziabad (Now in Gautam Budh Nagar), which was sought to be acquired in 1989. Notification under Sec. 4 (1) of the Act, 1894 was published in the Gazette dated 30.10.1989 and under Sec. 6 it was published on 30.3.1990. By notification dated 30.10.1989, the State sought to acquire 121 -15 -0 bigha (76.093 acres) of land in Village Rasulpur Newada. The Special Land Acquisition Officer (hereinafter referred to as S.L.A.O.) made award dated 31.1.1992, determining market value for the purpose of compensation of acquired land at Rs. 49.90 per square yard. The tenure -holders/land owners felt dissatisfied with the rate determined by S.L.A.O. and, hence, made application for reference under Sec. 18 of Act, 1894, to the District Judge, pursuant whereto, impugned award has been given determining market value at the rate off 143.0 per square yard.
(2.) This appeal has arisen at the instance of New Okhla Industrial Development Authority (hereinafter referred to as N.O.I.D.A.) who is aggrieved by the aforesaid determination of market value by Reference Court and according to appellant, the rate determined by court below is excessive and unjust.
(3.) The claimant land -owners had pleaded that the market value of the acquired land should have been at least Rs. 300/ - per square yard but S.L.A.O. awarded compensation at Rs. 49.9 per square yard, which has now been enhanced by Reference Court to Rs. 143/ - per square yard. The claimant -respondents, besides adducing oral evidence of Brahma Pal as P.W. 1, placed 17 documentary evidence, which included the following: - - "1. Copy of the judgment L.A.R. No. 305/93, Balraj Singh v/s. State of U.P., the Court of District Judge, Ghaziabad dated 30.9.1994, Paper No. 16 Ga. 2. Copy of the judgment L.A.R. 1/92, Surendra v/s. State of U.P. and others, the Court of Addl. District Judge VIII, Ghaziabad dated 24.3.1993, Paper No. 17 Ga. 3. Copy of the sale deed dated 14.12.1989, executed by Ramesh Kumar in favour of Khiladi, Paper No. 18 Ga. 4. Copy of the sale deed dated 18.12.1989, executed by Shrimati Shashibala in favour of Dharmbeer Paper No. 19 Ga. 5. Map Paper No. 28 Ga. 6. Map Paper No. 21 Ga. 7. Map Paper No. 22 Ga. 8. News Paper cutting paper No. 23 Ga. 9. Copy of the judgment L.A.R. 135/93, Sulli and others v/s. State of U.P. and others, the Court of Addl. District Judge XII, Ghaziabad dated 2.8.2000. Paper No. 58 Ga." 12. Copy of the judgment L.A.R. Case No. 273/93, Harchand v/s. State of U.P. and others, the Court of Addl. District Judge -X, Ghaziabad dated 16.8.2000, Paper No. 59 Ga. 13. Copy of judgment L.A.R. 213/93, Vansha Singh alias Vdnshi Singh v/s. State of U.P. and others, the Court of Addl. District Judge -X, Ghaziabad dated 28.8.2000. Paper No. 62 Ga. 14. Copy of the decree and compromise, L.A.R. No. 562/98, Atar Singh v/s. State of U.P. and others, Paper No. 63 GA/1 to 63 GA/6. 15. Copy of the order sheet L.A.R. 562/98 Atar Singh v/s. State of U.P. and others,. Paper No. 64 Ga. 16. Office Order N.O.I.D.A. dated 28.4.1998. Paper No. 65 Ga. 17. Copy of the judgment L.A.R. 50/97, Ganeshi v/s. State of U.P. and others, Addl. District Judge -I, Ghaziabad dated 15.1.2001. Paper No. 66 Ga." (English translation by Court);