- (1.) R. K. Mahajan, J. This order in the above appeal will dispose of all the bunch matters i. e. First Appeal Nos. 854/92, 869/89, 832/88, 617/86, 80/88, 81/88, 110/87, 546/93, 373/94, 489/86, 622/93, 545/93, 369/94, 370/94, 372/94, 374/94, 378/94, 478/89, 359/87, 833/88, 901/88, 872/93, 874/93, as they arise out of same notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) and a common question of fact and law is involved. The award is also the same.
(2.) THE land of different land-owners were acquired which were disposed of by a common award dated 15. 3. 1982. Big chunk of land runs into 267 bighas 7 biswas 5 bis-wansis in village Chhipayana Buzurg, district Ghaziabad, was acquired for the purpose of construction of the car shed of the electric multiple unit of the Indian Railways. THE notification under Sections 4 and 6 of the Act was made on 7. 3. 1981 and the possession was taken under Section 17 of the Act on 16. 4. 1981. THE Special Land Acquisition Officer has given the award at the rate of Rs. 24,000 per bigha Le. Rs. 8 per sq. yard of the good quality of land, for the second quality of land, Rs. 15,500 per bigha Le. Rs. 5 per sq. yard. Sri Usha Kant Verma, learned District Judge, Ghaziabad on 15. 2. 1986 has awarded Rs. 12 per sq. yard under various references, being 58 in number, of both the categories of land against the demand of Rs. 19 per sq. yard by the claimants. Sri Murlidhar, learned counsel for the claimants-appellants has raised argument against this rate. It may be pointed out that before actually proceedings to decide the references regarding the location of land, which is not controverted during the course of arguments nor in the award. The land is situated in the vicinity of G. T. Road. The M. M. H. College, the Ghaziabad, Railway Station and the Amrit Banaspati Mills are situated within the radius of 1/12 to 2 miles. It is also noticed that Delhi is at a distance of only 15-20 kms as mentioned in the award. It has also come in the award that the land quality was of irrigated nature. It is situated near industrial area of Ghaziabad. The fact remains and there is no denial that the land has a potentiality of being developed for industrial purpose and used for other purposes of special value i. e. constructing of railway shed for which it is acquired. These facts are undisputed and while determining the price, they will be taken into consideration.
(3.) THE learned counsel for the claimant-appellants has attacked the judgment of the District Judge and has submitted that rate of Rs. 19 per sq. yard should have been fixed after taking into consideration the potentiality of the land. THE learned counsel for the claimant-appellants has also submitted that the exemplars had not been taken into consideration correctly, he has taken me through the three sale- deeds of plots 77,78 and 100. THEse sale-deeds have been discussed by the District Judge. THE first sale- deed dated 19. 5. 1978 is in respect of 1008 sq. yards of plot No. 77 for Rs. 19,000 giving a rate of Rs. 18. 8 per sq. yards. THE second sale-deed dated 23. 7. 1978 registered on 31. 8. 19781 bigha, 2/3 biswansis of plot No. 78 for Rs. 70,600 giving a rate of little over Rs. 15 per sq. yards. THE third sale deed is dated 14. 4. 1980 in respect of 280 sq. yards of plot No. 100 for Rs. 4200 giving a rate of Rs. 15. 5 per sq. yard. THE learned District Judge has also relied upon the sale-deed dated 11. 3. 1981 in respect of 6 biswas 13 1/3 biswansis of Khasra plot No. 105 giving a rate of approximately Rs. 15 per sq. yard but the Special Land Acquisition Officer had rejected this as it was four days later than that the notification dated 7. 3. 1981. THE learned District Judge did not agree with the approach of the Special Land Acquisition Officer. Sri Murlidhar's submission is that the three sale-deeds relied upon the District Judge cannot be made the basis for determination of compensation the notification dated 7. 3. 1981 unless a fair margin at the time was made for the necessary escalation between the date of sale-deeds referred and the date of notification. It is further submitted that there was a trend in the rise of prices and the District Judge should have given atleast 10% escalation per year over the market rate on 7. 3. 1981, the date of notification for exemplar (i) with a rate of 18. 8 per sq. yard would come to over Rs. 24 per sq. yard; of exemplar (ii) with a rate of Rs. 15 per sq. yard would come to over Rs. 19 per sq. yard and exemplar (iii) with a rate of Rs. 15. 5 per sq. yard to Rs. 16. 74 per sq. yard. The argument proceeded that if the average of the three sale deeds is taken, the claimants will get approximately Rs. 20 per sq. yard and after deducting 20%, as allowed by the District Judge, the claimants would still get Rs. 16 per sq. yard. So this price should have been awarded. It is further submitted that the people generally avoid the paying of stamp duty and they accept the money outside the Sub-Registrar's office. So, in brief, his argument is that there is escalation in the rise of prices and the exemplar of every sale mentioned above should have been calculated to judge the fair-price after giving margin in the area of land in escalation. He only prays for increase of Rs. 3 per sq. yard.;