- (1.) PRAKASH Krishna, J. The above appeals are in the nature of cross-appeals and have been filed against the judgment and decree dated 12. 8. 1992 passed by the Presiding Officer, U. P. Avas Evam Vikas Parishad Tribunal, Agra in L. A. Case No. 4 of 1991. The claimant Smt. Mithlesh has preferred appeal No. 560 of 1992 for futher enhancement of the compensation amount as awarded by the Tribunal U. P. Avas Evam Vikas Parishad has filed the appeal No. 179 cf 1993 to set aside the judgment and decree of the Tribunal and to restore back the award passed by the Special Land Acquisition Officer.
(2.) A scheme known as Sikandra Grihsthan Evarn Sarak Yojana, Agra was framed by U. P. Avas Evam Vikas Parishad, (hereinafter called as the Parishad), as a housing scheme. A vast piece of land of village Kakareta Mustakil wherein the plot No. 900 area 1. 19 acre, No. 912 area 0. 14 acre and No. 913 area 1. 6 acre, total area 3. 19 acre equivalent to 10,887. 18 sq. yards were acquired by issuing notifications under Section 28 of U. P. Avas Evam Vikas Parishad Adhiniyam and under Section 32 01 u. c aroaid Adhiniyam. Notifications under Sections 28 and 32 of the said Adhiniyam correspond to Sections 4 and 6 of the Land Acquisition Act. The notifications are dated 4. 4. 1970 and 8. 6. 1980 respectively. The possession of the acquired land was taken over on 26. 7. 1983. The award made by the Special Land Acquisition Officer awarding compensation is dated 26. 8. 1985. A sum of Rs. 36,363. 18 paise was determined as the amount payable to the land owner, namely, Mawasi Ram, besides solatium at the rate of 30% and interest etc. A total sum of Rs. 1,11,551. 57 was found to be payable by the Special Land Acquisition Officer to the tenure holder, namely, Mawasi Ram as compensation towards the acquisition of the aforesaid three plots. Being not satisfied by the said award, Mawasi Ram filed an application under Section 18 of the Land Acquisition Act for making the reference to the Tribunal and the matter was referred to the Tribunal for the purpose of determination of the market value of the land on the relevant date i. e. 4. 4. 1970. During the pendency of the reference application, it appears that the present claimant, namely, Smt. Mitnlesh, filed an application for her impleadment in place of Mawasi Ram which was allowed, on the ground that she has purchased the right to receive enhanced compensation from Mawasi Ram. Subsequent thereto on 12. 4. 1991 she filed a written statement claiming higher amount of compensation which was contested by the Collector, Agra by filing the written statement on 3. 10. 1991. Before the Tribunal the evidences, oral and documentary, were led by the parties concerned. Padam Singh PW1 and Ibarataliamin PW 2 were examined as witnesses on behalf of the claimant. By way of documentary evidence another award passed by the SLAO in respect of another village was produced to show the inadequacy of the compensation amount awarded by the SLAO on behalf of the claimant. Prakash Chandra Jain, Lekhpal was examined on behalf of the State of U. P. as D. W. 1 as also a copy of award subject matter of reference was filed by way of documentary evidence. The reference court on the basis of the award of the SLAO with respect to a different village, namely, Khatena Chak Dakhili, enhanced the compensation amount to Rs. 3 per sq. feet as against 0. 37 paise per sq. feet (Rs. 3. 34 sq. yard) awarded by the SLAO. The reference Court has also found that the land in question is of better quality, therefore, it would fetch higher price than the land situate in village Khatena Chak Dakhili.
(3.) FEELING aggrieved by the aforesaid award of the Tribunal, the claimant as well as the Parishad have preferred the above appeals. These two appeals were heard together and are being disposed of by a common judgment as was agreed by the learned counsel for the parties also. Sri Srikant, Advocate for the Parishad has raised the following points in support of the appeal.;