Sudhir Agarwal & B.K. Srivastava, J. - (1.) This appeal under Sec. 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act 1894) has been filed by Krishi Utpadan Mandi Samiti (hereinafter referred to as the "Mandi Samiti"), Moradabad, the defendant -appellant, being aggrieved by award/judgment dated 23.9.1994 and decree dated 07.10.1994 passed by Sri J.S. Yadav, VIIth Additional District Judge, Moradabad in Land Acquisition Reference (hereinafter referred to as "LAR") No. 102 of 1991. Mandi Samiti proposed to construct a new Mandi at Amroha and for that purpose sent requisition to State Government for acquisition of 16.45 acres of land. Acquisition proceedings were initiated by State Government by issuing notification under Sec. 4(1) of the Act, 1894 which was published on 27.6.1987 proposing to acquire requisitioned area of land at Village Gulariya, Pargana and Tehsil, Amroha, District Moradabad. Notification under Sec. 6(1) of the Act, 1894 was also published on 14.9.1987 and possession of acquired land was taken 30.11.1987. Special Land Acquisition Officer (hereinafter referred to as the "SLAO") after inviting objections made its award dated 04.6.1990 determining market value according to nature of soil, as under: - JUDGEMENT_261_LAWS(ALL)9_2015.jpg
(2.) Aggrieved with offer made by SLAO for compensation and claiming higher market rate, the land owners made applications before Collector for reference under Sec. 18 of Act, 1894 to District Judge, Moradabad for determination of market value considering the factors mentioned under Sec. 23 of Act, 1894. The claimants stated that circle rate determined by Collector for the purpose of stamp duty in the area where acquired land is situated was Rs. 150/ - to 250/ - per sq. meter, hence rate determined by SLAO is unreasonable and extremely low. State Government as well as Mandi Samiti supported market rate determined by SLAO.
(3.) The Court below, vide impugned award dated 23.9.1994, partly accepted claim of land owner and determined market value for the purpose of compensation at Rs. 60/ - per sq. meter. It has further held that claimants are entitled to 30% solatium, 12% additional compensation and 9% interest from the date of possession for a period of one year and thereafter 15% interest for remaining period till actual payment is made.;