- (1.) This appeal has arisen from award/judgment dated 21.05.2005 and decree dated 04.072005 passed by Sri Ram Lal, Additional District Judge, Court No.4, Bijnor in Land Acquisition Reference (hereinafter referred to as "LAR") No.67 of 1993 (Bhagwan Singh & Ors. Vs. State of U.P.& Anr.), whereby it has determined market value of acquired land at the rate of Rs.120/- per sq. meter besides 30% solatium under section 23(2) of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") and interest for various period as per statute.
(2.) M/s Indian Oil Corporation Ltd. (hereinafter referred as "IOCL") is a company owned by Government of India and on its proposal, Government of India issued a Notification dated 26.06.1991 under Section 4 (1) of Act, 1894 proposing to acquire certain land at Village Tatarpur Lalu and Rahukedi Gadhu, Tehsil Najibabad, District Bijnor, for the purpose of constructing a Petroleum Product Depot of IOCL. Notification under Section 6(1) of Act, 1894 was published on 19th November, 1991 and possession of acquired land was taken on 5th May, 1992. The Special Land Acquisition Officer (hereinafter referred to as 'SLAO') made its award on 19th October, 1993 (in the judgment of Reference Court, date of award of SLAO has been wrongly mentioned as 05.10.1993) determining market value at Rs. 1,50,000/- per bigha (Rs.59.31 per sq. meter). Thereagainst, on an application of claimant/land owner, reference was made to the District Judge, Bijnor under Section 18 of Act, 1894. Pursuant thereto, the impugned award has been made by Additional District Judge, Court No.4, Bijnor.
(3.) The Reference Court, in determining market value at Rs.120/- per sq. meter, has relied on its award dated 03.11.2003 passed in LAR No.56 of 1994 and dated 16.10.2003 in LAR No.317 of 1993.;