- (1.) This appeal under Section 54 of Land Acquisition Act 1894 (hereinafter referred to as "Act 1894) has arisen from the award/judgment dated 23.11.1998 passed by Sri A.K. Roopanwal, Special Judge, E.C. Act/Additional District Judge, Agra in Land Acquisition Reference of 1993 (hereinafter referred to as LAR) No.179 of 1993, determining market value of acquired land at Rs. 237/- per sq. meter. Besides, it has also awarded 30% solatium, additional compensation of 12% and interest for various periods as per the provisions of Act 1894.
(2.) Grievance of the appellant State and its authority is that the rate determined by court below is excessive, unjust and unreasonable. It has relied on an exemplar sale deed, whereby a very small piece of land was transferred by sale though the area of disputed acquired land is 3 Bigha 9 Biswa and 10 Biswansi (8008 sq. meter) and for such a big plot exemplar of a minuscule piece of land ought not to have been applied.
(3.) The claimants-land owners have also filed cross objections under Order 41 Rule 22 C.P.C. claiming compensation at the rate of Rs. 400/- per square meter and their grievance is that compensation determined by court below is unjust and unreasonable. Entire court fee has been paid by claimants-respondents but there is some delay in filing aforesaid court fee, which is hereby condoned.;