G.P.Srivastava - (1.) -These are appeals against the judgment and decree passed by the learned VIIIth Additional District Judge, Ghaziabad on 19.2.1987 in Land Acquisition Reference No. 96 of 1983 and 14 others which were consolidated and the L.A.R. No. 96 of 1983 was made a leading case.
(2.) ALL those references arose out of the award dated 15.12.1981 given by the Special Land Acquisition Officer, Ghaziabad in respect of 39-323 acres of land of village Mohammadpur Khuralia Pargana and Tehsil Garh, district Ghaziabad. The said land was acquired for the construction of Madhya Ganga Nahar, Nirman Khand 9, Garh, Ghaziabad. The notification under Section 4 (1) of Land Acquisition Act was published on 28.7.1979 and notification under Section 6 of Land Acquisition Act read with Section 17 of the said Act was published on 15.9.1979. Possession of the land was taken on 21.11.1979. The Special Land Acquisition Officer, Ghaziabad awarded compensation at the rate of Rs. 12,500 per bigha. The claimants preferred Land Acquisition References noted above which were decided by the impugned judgment dated 19.2.1987 whereby it was held that the market value of the land was Rs. 20,000 per bigha. The claimants were also given additional amount under Section 20 (1A) at the rate of 12% per annum on the market value, solatium at the rate of 30%, interest at the rate 9% per annum from the date of possession and cost under Section 27 (2) of the Act. Feeling aggrieved with the judgment and decree passed by the learned VIIIth Addl. District Judge, Ghaziabad, nine tenure holders/ claimants out of fifteen have preferred these appeals which has been connected with First Appeal No. 273 of 1996, Raj Pal Singh v. State of U. P. and others. I have heard learned counsel for the parties and gone through the entire evidence on record.
(3.) LEARNED counsel for the appellants has argued that the learned court below in determining the market value of the land arbitrarily determined the market value at the rate of Rs. 20,000 per bigha whereas it should not be less than Rs. 40,000 per bigha. The learned Additional District Judge while determining the market value of the land has first of all considered the sale deed dated 7.12.1978 allegedly executed by one Hari Prakash in favour of Hoshiyar Singh in respect of Khasra No. 245 measuring 2-17-12 bighas. In this sale deed the vendor had sold his 1/3 share for a consideration of Rs. 12,000. This sale deed was considered by the S.L.A.O. but the learned reference court after considering the evidence on record came to the conclusion that the S.L.A.O. erred while awarding compensation on the basis of this sale deed.;