S. U. Khan, J. - (1.) -At the time of hearing no one appeared for the respondent hence only the arguments of learned standing counsel for the State appellant were heard. This appeal is directed against judgment, award and decree dated 18.11.1978 passed by Ist Additional District Judge, Varanasi in L.A. Reference No. 184 of 1975. For constructing All India Radio Studio Centre in Varanasi, property in dispute which was in the form of plot No. 209 area 2.54 acres alongwith building standing on a portion thereof was acquired. The property in dispute was popularly known as Nepali Kothi situate in Mahmoorganj which was within the limits of Municipal Corporation, Varanasi. Notification under Section 4 of Land Acquisition Act was published in the Gazette on 17.2.1973. Municipal number of the building was D63/6. Special Land Acquisition Officer determined the market value of land, constructions and trees separately. Total valuation determined was Rs. 3,45,274.54.
(2.) 15% solatium was also awarded. In this manner total compensation of Rs. 3,97,065.72 was determined and offered. Dis-satisfied with the offer of compensation respondent applied for making reference under Section 18 Land Acquisition Act which was accordingly made and decided by the impugned judgment. The learned Additional District Judge enhanced the market value of the land and the constructions. The following chart demonstrates the market value of different items and compensation as determined by S.L.A.O. and A.D.J. and their difference. Market value by S.L.A.O. Market value by A.D.J. Difference Land Rs. 2,36,099.66 Rs. 3,12,143.96 Rs. 76,044.3 Constructions Rs. 1,07,300 Rs. 3,81,500 Rs. 2,74,200 Trees Rs. 1,874.88 Rs. 1,874.88 NIL Total market value Rs. 3,45,274.54 Rs. 6,95,518.84 Rs. 3,50,244/3 15% solatium Rs. 51,791.18 Rs. 1,04,327.83 Rs. 52,536.65 Total compensation Rs. 3,97,065.72 Rs. 7,99,846.64 Rs. 4,02,780.92 Valuation of land : S.L.A.O. divided the land into two strips ; the first one being alongside road ad measuring 330' x 66', i.e., 1/2 acre. The remaining land ad measuring 2.04 acres was classified as second strip. S.L.A.O. had determined the rate of the first strip at Rs. 1,163.05 per decimal (decimal is 1/100th part of acre, i.e., 48.4 Sq. yards) equivalent to Rs. 2.67 per sq. feet. S.L.A.O. accepted the sale deed dated 11.2.1972 as best exemplar through which 2248 sq. feet area of land was sold for Rs. 6,000 i.e., at the rate of Rs. 2.67 per sq. feet. Before the reference court claimant-respondent filed a sale deed dated 28.10.1969 which was in respect of land adjoining to the acquired land. Through the said sale deed an area of about 2248 sq. feet was sold for Rs. 8,000 at the rate of Rs. 3.53 per sq. feet. Learned A.D.J. also found that the sale deed dated 11.2.1972 relied upon by S.L.A.O. related to a piece of land which was situate at some distance from the acquired land. The other sale deeds copies of which were filed by the claimant were rejected by learned A.D.J. on the ground that they related to portions of land which were situate at some distance from the acquired land.
(3.) PLACING reliance upon the sale deed of 1969 the learned A.D.J. fixed the market value of the first strip of the land at the same rate on which land was sold through the sale deed dated 28.10.1969 (Rs. 3.53 per sq. feet). S.L.A.O. had determined the market value of second strip of the land at 3/4th of the market value of the first strip of the land. Learned A.D.J. also followed the same formula and fixed the market value of the rest of the land (second strip) at Rs. 2.64, i.e., 3/4th of the valuation fixed by him for the front (first strip). I do not find least error in fixation of market value of land by learned A.D.J. Appropriate (nearer) sale deed was taken as exemplar (which had been executed 3 to 4 years before date of notification under Section 4, Land Acquisition Act). Valuation of construction :;