- (1.) AMITAVA Lala, J. Since all the aforesaid first appeals are connected and have been heard analogously, the same are being decided by this common judgment and order having binding effect upon all the first appeals.
(2.) ON 24th August, 1986 a notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter in short called as the 'act') was published in the newspaper for acquisition of 186-5-14 Bighas of land of Village Rasoolpur, Tehsil Dadri, District Ghaziabad for setting up a power plant of National Thermal Power Corporation (hereinafter in short called as N. T. P. C.) (a Government of India undertaking ). ON 21st October, 1986 notification under Section 6 of the Act was published in the gazette. Possession of the acquired land was taken on 25th February, 1987. ON 15th October, 1988 the Special Land Acquisition Officer (hereinafter in short called as the 'slao') on consideration of 22 sale-deeds executed between a period of three years from the date of notification under Section 4 (1) of the Act selected an exemplar one sale-deed under Serial No. 14 in the list measuring 0-1-17 Bigha of the same village pertaining to the acquired portion of the land at the rate of Rs. 9,189/- per Bigha. Since the land was bifurcated in five categories qua the circle rate, the compensation was accordingly determined applying the belting method. Thereafter, in terms of the Government order dated 7th March, 1987 the award as per the quality of land was given in five categories between Rs. 13,200/- per Bigha to Rs. 33,000/- per Bigha. Thereafter, on reference being made under Section 18 of the Act, by an order dated 24th December, 1992 the reference Court enhanced the compensation at a uniform rate of Rs. 30,000/- per Bigha relying on the sale-deed dated 21st May, 1986, being paper No. 14 Ga, sold at the rate of Rs. 48,840/- per Bigha making deduction of 30% into smallness of area. Approximately, the enhancement was made three times to what has been awarded by the SLAO. The said judgment is being challenged by means of the present appeal. The comparative chart of the sale-deeds relied upon by the Courts below are given hereunder : SLAO Reference Court Selected sale-deed (Paper No. 14) out of 22 sale-deeds for awarding the compensation between Rs. 13,000/- to Rs. 33,000/- depending upon quality of the land. Sale-deeds filed by the claimants (7 in number) Sale-deeds filed by the N. T. P. C. (3 in number) 1. Sale-deed dated 21-5-86 (Paper No. 14 Ga) area 1-3-8 Bigha for sale- price Rs. 45,000/ -. 1. Sale- deed dated 11-3-85 (Paper No. 36 Ga) area 3-6-0 Bigha for sale-price Rs. 15,000/ -. 2. Sale-deed dated 4-8-86 (Paper No. 15 Ga) area 0-3-0 Bigha for sale-price Rs. 6,000/ -. 2. Sale-deed dated 31-10-85 (Paper No. 37 Ga) area 1-0-17 Bigha for sale-price Rs. 14,500/ -. Sale-deed dated 7-1-1987 (Paper No. 17 Ga) area 450 sq. yard for sale-price Rs. 14,000/ -. 3. Sale- deed dated 31-10-85 (Paper No. 38 Ga) area 2-13-5 for sale-price Rs. 36,000/ -. Sale-deed dated 31-1-1987 (Paper No. 17 Ga) area 739 sq. yard for sale-price Rs. 22,170/ -.
(3.) SALE-deed dated 29-8-86 (Paper No. 18 Ga) area 450 sq. yard for sale-price Rs. 9,000/ -. Sale-deed dated 9-7-87 (Paper No. 19 Ga) area 380 sq. yard for sale-price Rs. 11,500/ -.;