B.N. Sapru. J. - (1.) THIS is an appeal Under Section 96 Code of Civil Procedure read with Section 66 of the U.P. Avas Evam Vikash Adhiniyam read with Section 54 of the Land Acquisition Act.
(2.) A notification for acquisition of a compact area of 5.90.4 acres lying in Mohalla Betia Hata alias Mirzapur of Gorakhpur town comprising plot No. 67 and several other plots, was published in the official Gazette on 31.5.1969 Under Section 28 of the U.P. Avas Evart Vikash Paris had Adhiniyam and then proceedings took place under the Land Acquisition Act. The Special Land Acquisition Officer gave his award allowing compensation to all the occupants of the various plots forming the said compact area on the basis of market value as envisaged in the first sub -para of Sub -section (1) of Section 23 of the Act and determined at Rs. 0"77 P per sq. ft., after making deduction of 25% from the rate of the market value as worked out on the basis of the exemplar accepted by him. Aggrieved Smt. Drop -in Singh, the Respondent applied for enhancement of compensation on the ground that the market value of her land on the date of Notification was not less than Rs. 12/ - per sq. ft.
(3.) THE reference made by the Collector was numbered as Land Acquisition Reference No. 91 of 1977. The II Addl. District Judge, Gorakhpur by his judgment dated 6.2.1979 determined that the price of the land acquired should be fixed at Rs. 499 per sq. ft. This was based on the sale -deed exemplar dated 23.8.1965. After making deduction for the fact that Smt. Drop -in Singh had only a Sir Dari interest, the Court determined compensation at Rs. 89,11940, which after adding solarium come to Rs. 1,02,40230 P. The Court also directed that Smt. Drop -in Singh shall get interest at 6 per cent per annum from the date the Collector took possession till date of deposit of the compensation in court. Aggrieved the State has filed this appeal.;