N.N. Mithal, J. - (1.) Respondent's land of plot Nos. 52, 61, 62, 63 and 64 measuring 7 Big. 1 Bigs, to the extent of one-half and Sirdari plot Nos. 52 measuring 1 Bigha 2 Biswa was acquired by the Government for the extension of the main Runway or Chakeri Air Field. A notification to this effect under Section 4 of the Land Acquisition Act was issued on 2-6-1967 which was followed by notification under Section 6 on 4-10-1967. The land Acquisition officer awarded compensation calculated at the rate of Rs. 1,025 per Bigha against which a reference was made for enhancement of compensation and after considering the evidence before it, the learned District Judge has enhanced the same to Rs. 2500 per Bigha.
(2.) The state has come up in appeal against the enhancement of compensation and it has been contended that the proper amount of compensation had been awarded by the Land Acquisition Officer and there no justification for enhancement of the same.
(3.) Having heard the learned counsel for the parties. I said that the decision of the court below should be accepted. The Land Acquisition Officer had relied upon a sale-deed dated 4-5-1967 but as rightly pointed out by the court below, it pertained to a land about one mile away to the south of G. T. Road while the land in question is situate towards the north of G. T. Road within a distance of four furlongs. Admittedly the land in question is situated within the Defence zone and it did not possess any potentiality as a building site or factory or industrial site. However, it was within the limits of the Nagar Mahapalika and even as agricultural land it did possess lot of potentiality because of easy market facility being only a short distance away from the main town of Kanpur. Even in agriculture, the cultivators had great potentiality of earning more from such land as their produce did not require any storage space because their products had a ready market available in the nearby town. Also with modern methods of cultivation, fertilizers and easy availability of facilities of improved agricultural operations within Nagar Mahapalika limits, the claimants stood in a better position to earn more profits from agriculture than those having land in the interior of the districts.;