- (1.) Heard Sri P.K. Singh, learned counsel for appellant. None appeared on behalf of respondents though the appeal has been called in revised and name of counsels is shown in the cause list. Therefore, we proceed ex parte to decide this appeal.
(2.) This First Appeal, under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894'), has arisen from award/ judgment and decree dated 20.3.1990, passed by Sri I.B. Singh, IX Additional District Judge, Moradabad in Land Acquisition Reference No. 221 of 1988, determining market value of acquired land at the rate of Rs.325/- per sq. meter.
(3.) Learned counsel for the appellant raised two issues. (A) Circle rate could not have been taken a basis for determining market value. (B) Circle rates were of the period subsequent to the date of notification issued under Section 4(1) of Act 1894, therefore, were not relevant, hence on that basis also market rate could not have been determined and the Court below erred in law in doing so.;