- (1.) For industrial development, State of Uttar Pradesh proposed to acquire 171 acres 56 decimals of land in village Tigaria Bhoor within Tahsil and Pargana Hasanpur of Moradabad District. Acquired land was classified to be agricultural land. Land Acquisition Collector categorised the land into six classes and offered compensation to the land owners on various rates for each class of land. Land owners were claiming before the land Acquisition Collector market value at the rate of Rs. one lac per acre. Being dissatisfied with the compensation offered each of the land owners requested for reference to be made to court for determination of market value to get enhanced compensation. One of the land owner made an application that acquired land contained bore well and trees for which he is entitled to compensation, on basis of these requests Land Acquisition Collector made 15 references to the Civil Court. Learned District Judge hearing one reference of Abdul Qayum, gave the award on 20th of April, 1989 determining the market value at the rate or Rs. 40,000.00 per acre. Subsequent reference proceedings were heard and a common award was made on 29-5-1989 determining market value at the rate of Rs. 40,000.00 per acre. U.P. State Industrial Development Corporation Ltd. for which the land was acquired, being dissatisfied preferred appeals against the awards. Land owners have also preferred appeals for enhancement of the market value.
(2.) All the reference being based on Notification under Section 4(1) of the Act published on 28-9-1981 and claim having been made on basis that the entire area acquired consist of land having similar advantages, the appeals were heard together and are disposed of by this common judgment.
(3.) Acquired land is situated near Gajraula town and the urban area is extended up to village Tigaria Bhoor. The exact situation of the land was not made clear before the Learned District Judge excepting by oral evidence. In this Court both the parties have filed applications to accept the sketch map as produced by either party as additional evidence to know the location of the land. Four sale-deeds have been filed on behalf of land holders to be exemplers for determination of market value. Added to it witnesses have been examined to give an idea of the land and the area in which it is situated as well as market value. On basis of these materials the appeals are to be decided.;