- (1.) Heard Sri Navaneet Chandra Tripathi, learned counsel for the appellant and Sri Nawal Kishore Mishra and Sri Arvind Kumar Singh, Advocates for the claimant- respondents.
(2.) This appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as Act, 1894) has arisen from the award/judgment and decree dated 10.10.2003 delivered by Sri Ramesh Chandra Singh, Additional District Judge/Special Judge (Essential Commodities Act), Ghaziabad adjudicating on the question of market value of the acquired land for the purpose of payment of compensation in Land Acquisition Reference (hereinafter referred to as L.A.R.) No. 656 of 1998, Jawahar Lal son of Narsingh Vs. State of U.P. and others. Court below has determined market value of acquired land at Rs.120/- per sq. yard besides solatium and interest at the rate provided in the statute. Dispute is confined only to the market rate of acquired land determined by court below.
(3.) At the instance of Uttar Pradesh Awas Evam Vikas Parishad (hereinafter referred to as UPAEVP), a notification under Section 4(1) of Act 1894 read with Section 28 of UPAEVP Adhiniyam, 1965 (hereinafter referred to as U.P.Act, 1965) was published on 26.6.1982 proposing to acquire 1229.914 acre of land in villages Arthala, Jhandapur, Prahladgarhi, Makanpur, Mahiuddinpur kanawani and Sahibabad, Pargana Loni, Tehsil Dadri, District Ghaziabad for developing a residential colony namely, Bhoomi Vikas Evam Grihsthan Yojana-3, Ghaziabad. The notification under Section 6(1) of Act, 1894 read with Section 32 of U.P.Act, 1965 was published in U.P.Gazette dated 28.2.1987. The total acquired land included some land of Gram Samaj also, therefore, the Special Land Acquisition Officer (hereinafter referred to as 'SLAO') made an award dated 27.2.1989 determining market value for the purposes of compensation, for 1157.895 acres of land (72.019 acres of land was under the management of Gram Samaj). SLAO followed the circle rate prescribed for the area. It held that for the purpose of stamp duty, prescribed rate is Rs. 50/- per sq. yard and after making 25% deduction, the net rate comes to Rs. 37.50/- per sq. yard and the same was applied and followed by aforesaid award dated 27.2.1989. The tenure holders/land owners being dissatisfied with the aforesaid award, made applications under Section 18 of Act, 1894 for reference to District Judge for determination of market value. Pursuant thereto L.A.R. No. 656 of 1998 was registered under Section 18 of Act, 1894 and has been adjudicated by means of impugned award dated 10.10.2003.;