SUDHIR AGARWAL,J.RAKESH SRIVASTAVA,J. - (1.) We have heard Sri B. Dayal, Advocate on behalf of appellant. On behalf of respondents two counsels' names are printed in cause list i.e. Sri Madan Mohan and Sri Saurabh Basu. Sri Madan Mohan states that he has no instructions in the matter and Sri Saurabh Basu, Advocate has not appeared though appeal has been called in revised. Hence, we proceed to decide appeal ex -parte against respondents, after hearing learned counsel for appellant.
(2.) This is a defendant's appeal under Section 54 of Land Acquisition Act, 1894 read with Section 96 of Code of Civil Procedure (hereinafter referred to as "C.P.C.") arising from award/judgment dated 8 th May,2009 passed by Sri V.K. Tyagi, Special Judge (SC/ST Act), Bulandshahr/Additional District Judge, Court No. 2, Bulandshahr in Land Acquisition Reference (hereinafter referred to as "L.A.R.") No. 68 of 1992 determining compensation @ Rs. 9 Lacs per pucca bigha (Rs. 300/ - per square yard). It has further held that claimant -land owner was entitled for payment of solatium @ 30%, additional compensation @ 12% and interest @ 9% from the date of possession for one year and thereafter @ 15% till payment.
(3.) The facts in brief giving rise to this appeal are as under: 3.1. Bulandshahr Khurja Development Authority (hereinafter referred to as "B.K.D.A.") is a statutory body constituted under provisions of U.P. Urban Planning & Development Act, 1973. It sought to acquire 61.801 acres (98 bigha, 17 biswa, 13 biswansi) of land for developing a housing and commercial colony at Village ­ Akbarpur, Pargana ­ Baran, District Bulandshahr. 3.2. Notification under Section 4(1) of Act, 1894 was published by State Government on 20.12.1988 and Notification under Section 6(1) of Act, 1894 was published on 18th January, 1989. The proposed acquired land included claimant -respondent's land bearing Plot No. 372, area 4 bigha, 7 biswa, 16 biswansi whereof claimant -respondents were owner of half of land i.e. 2 bigha, 3 biswa and 18 biswansi. 3.3. The claimant -respondents filed objections claiming compensation @ Rs. 30 Lacs per pucca bigha. The possession of acquired land was taken on 19th May, 1989. Special Land Acquisition Officer (hereinafter referred to as "S.L.A.O.") made award on 4.4.1991, determining compensation @ Rs. 88,000/ - per bigha (Rs. 30/ - per square yard). Dissatisfied therewith, an application was submitted by claimant ­ land owner for making reference under Section 18 to District Judge, Bulandshahr, for determining market value and, thereupon, Reference Court by impugned judgment dated 8th May, 2009 has determined market value Rs. 9 Lacs per pucca bigha (Rs. 300/ - per square yard). 3.4. It may also be noted here that disputed acquired land in Plot No. 372 (half share) was initially in the name of Smt. Tahira Khatoon who transferred her share in the acquired land vide sale deed dated 11 th September, 1995 in favour of Smt. Daya Agarwal, Smt. Pramila Agarwal, Sri Gopi Chand and Sri Hari Ram for a consideration of Rs. 60,000/ - (Rs. 9 per square yard). Further Sri Gopi Chand vide sale deed dated 30.12.1998 has sold his entire rights in dispute in favour of Smt. Daya Agarwal for a consideration of Rs. 15,000/ -. ;