- (1.) PRAKASH Krishna ,j. These four first appeals are under section 54 of the Land Acquisition Act read with section 96 C. P. C. and are against a common judgment and decree dated 2nd of January, 1992 passed by the Vlth Additional District Judge, Bulandshahar in Land Acquisition Reference Nos. 598 of 1991, 599 of 1991, 600 of 1991 and 601 of 1991. All the aforestated Land Acquisition References were directed against the award dated 22nd of July, 1991 delivered by Special Land Acquisition Officer, Bulandshahar in Land Acquisition Case No. 63 of 1989. All the references were consolidated and were decided by a common judgement and Reference No. 958 of 1991: Ishwar Singh v. State of U. P. giving rise to the first appeal No. 338 of 1991 was treated as the leading case. In this Court also the learned Counsel for the parties agreed that the first appeal No. 338 of 1994 may be treated as leading case and the judgment shall govern the remaining appeals as the point in issue is identical in all these mat ters.
(2.) FOR the purposes of construction and establishment of Alawas Dam the State Government acquired certain piece of land of village Haldauna, Pargana Dankaur, Tehsil Sikandrabad, District Bulandshahar by issuing notifications under sections 4 and 6 of the Land Acquisition Act. These Notifications were published on 25th of February, 1989 and 3rd of August, 1989 respectively. The details of plots as their number, area and name of the owners are given below: PLOT NOS. AREA NAME OF THE OWNEr 642 0-4-1 Bigha Ishwar Singh 652 2-4-5 Bighas Gur Sharan Singh 621 3-5-8 Bighas Gur Nam Singh 624 3-2-5 Bighas Smt. Surjeet Kaur. Total area of the acquired land is 15-14-0 bighas equivalent to 9-811 acres. The Special Land Acquisition Officer by the award dated 22nd of July, 1991 awarded the compensation at the rate of Rs. 30,927. 83 per pucca bigha and treated the sale deed dated 11th of February, 1988 with respect to the plot No. 146 area 1-9-2 bigha in favour of Ramesh Chand executed by Harbansh Singh as the exemplar. He also found that the quality of all the lands, thus, acquired is the same. Aggrieved therewith, the respondents herein asked the District Magistrate to make reference under section 18 of the Land Acquisition Act to the Civil Court to determine the market value of the acquired land on the relevant date. The Court below by the impugned award has determined the market value of the land on the relevant date at the rate of Rs. 1,40,000 per pucca bigha and awarded solatium at the rate of 30 per cent and additional compen sation at the rate of 12 per cent per annum. Feeling aggrieved by the aforesaid award the state of U. P. has preferred the present appeal. Heard learned Counsel for the parties and perused the record. Before the Reference Court the claimant respondent produced a certified copy of sale deed dated 25th of March, 1991 executed by Onkar Singh in favour of Amrik Singh, a photostat copy of agreement dated 25th of April, 1989 executed by Palendra Singh Bedi in favour of Surendra Kumar Agrawal and a photostat copy of the agreement dated 24th of April, 1989 executed by Palendra Singh in favour of Jawahar Lal, as documentary evidence. Gurnam Singh one of the claimants examined himself as P. W. 1 and one Chain Sukh as P. W. 2. On be half of the State Government one Sheel Chand Goel was examined as DW/1. The Reference Court rejected the sale deed dated 11th of February, 1988 which was relied upon as exemplar by the Special Land Acquisition Officer on the ground that it was too remote to the date of the notification under section 4 of the Land Acquisition Act. There is about a year's gap in between the said sale deed and the Notification under section 4 of the Land Acquisition Act. It also preferred not to place reliance upon the sale agreement filed by the claimant respondents. The award of the Reference Court is based merely on the sale deed dated 25th of March, 1991, as also the oral testimony of P. W. 1 and P. W. 2.
(3.) THE contention of the learned standing Counsel Shri Srish Chandra is that the sale deed dated 25th of March, 1991 is not relevant as it is subsequent to the notifications issued under sections 4 and 6 of the Land Acquisition Act and there is a time gap of about one and half years. He further submits that the Reference Court has not considered as to whether the said sale deed dated 25th of March, 1991 was a genuine or sham transaction. THE learned Counsel for the respondent, on the other hand, submits that the land in question was situated in a prime locality having great potentiality for building purposes. THE said land was included in Greater Noida as is clear from the public notice being paper No. 16-C issued in pursuance of the State Government G. O. dated 19th of September, 1989, whereby and wherein the State Government published a list of various villages which were including within the limits of Greater Noida for the purposes of industrial development of the area. The only question raised in the present appeals is with regard to the determination of market value of the acquired land on the relevant date. It is also an acknowledged legal position that the proceeding before Reference Court is in the nature of original suit and the claimant is in a position of plaintiff and the State Government is in a position of defendant. The burden to prove as to what was the market value of the land acquired squarely lies on the claimant i. e. the plaintiff.;