- (1.) G. S. N. Tripathi, J. This appeal arises out of judgment and order dated 31st January, 1973 in a land acquisition reference under Section 18 of the Land Acquisition Act passed by the Presiding Officer, Nagar Mahapalika Tribunal, Agra (Lower Court) in a Land Acquisition Case No. 41 of 1965, Sarda Charan v. Nagar. Mahapalika, Agra and case No. 27 of 1965, Narain Das v. Nagar Mahapalika, Agra. By virtue of this judgment, the learned Tribunal has assessed the valuation of the disputed property @ Rs. 4 per square yard.
(2.) IN all, 15 plots with an area of 14 bighas, 19 biswas aud 4 biswansis, equivalent to 41233 square yards were acquired. The notification under Sec tion 4/36 was issued on 8-9-1951. The notification under Section 6/42 was issued on 14-3-1957. The possession was taken on 3-1-1958. The award was delivered by Special Land Acquisition Officer (SLAO) on 12-6-1964 under Section 11. The SLAO assessed compensation @ 75 paise per square yard in respect of the land of first belt and @ 40 paise per square yard in respect of the second belt. On reference, this amount was increased at behalf rate of Rs. 4 per square yard uniformly. The case taken by the claimant has been given in detail in the judgment of the learned lower court. Indisputably, the disputed land is situated within the area of Civil Lines, Agra and is contiguous to the compound of District Judge's residence, Agra in an abadi of new Agra. There existed civil amenities in the immediate neighbourhood, namely, electricity, water supply, telephone etc. Thus it was situate within the abadi area and had acquired potential for building site. Therefore, the normal compensation should be @ Rs. 8 per square yard. Admittedly, the acquisition has been made by Agra Improvement Trust (now Agra Nagar Mahapalika) for Mahatama Gandhi Road Housing Scheme. The defence mainly was that some of the plots were full of deep pits and were totally unlit for abadi. These plots comprise of an area of 12 bighas, 8 biswas of the total acquired laud and the SLAO has rightly ordered a com pensation @ 40 paise per square yard beltwise. The remaining land was lying banar @ its adequate compensation has been awarded by the SLAO. The claim of the claimants is exaggerated.
(3.) BEFORE the learned lower court, parties tiled exemplars and other documents. After considering them, the learned lower court (Tribunal) passed the award as noted above. Feeling aggrieved, claimants have filed this appeal. They have claimed in this court that at least compensation @ Rs. 6 per square yard should be awarded to them.;