- (1.) This appeal under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') has arisen from award/judgment dated 18.7.2000 and decree dated 16.8.2000 passed by Shri Shiv Charan, 1st Additional District Judge, Ghaziabad in Land Acquisition Reference (hereinafter referred to as 'LAR') No. 82 of 1987 determining market value of acquired land at the rate of Rs. 30,000/ - per pakka bigha (Rs. 10/ - per square yard) besides other dues like solatium, interest etc. under Act, 1894.
(2.) Acquisition proceedings were initiated by State of Uttar Pradesh at the instance of respondent i.e. New Okhla Industrial Development Authority (hereinafter referred to as 'NOIDA') proposing to acquire land at village Suthari, Pargana Dadri, District Ghaziabad (now District Gautam Budh Nagar), (176 bighas 17 biswas and 19 5/6 biswansi) [1363 bighas 12 biswas and 15 biswansi (852.107 acres)] by publishing notification under Sec. 4(1) of Act, 1894 on 1.6.1976. Notification under Sec. 6(1) of Act, 1894 was published on 20.12.1976. Possession of land was taken on 28.10.1976. Special Land Acquisition Officer (hereinafter referred to as 'SLAO') determined market value by award dated 15.7.1978 at the rate of Rs. 16,207.57/ - per pakka bighas and Rs. 8,103.59/ - per bigha.
(3.) Dissatisfied with aforesaid award, claimant - land owner made application for reference under Sec. 18 of Act, 1894 to District Judge for determination of market value pursuant whereto award impugned has been made by court below determining market value at the rate of Rs. 10/ - per square yard.;