SHISHIR KUMAR,J. - (1.) THE abovementioned first appeals are connected matter and since common question of facts and law are involved in all the appeals, therefore they are being dealt with together and decided by the common order. First Appeal No.565 of 1999 is taken up as leading case.
(2.) BY means of present first appeal, the appellant-defendant (U.P. Avas Evam Vikash Parishad) has challenged the judgement and decree dated 5th March, 1999, passed by the District Judge, Muzaffarnagar, whereby the District Judge has allowed the reference filed by the petitioners of the reference case (respondents in the present appeal). The brief facts of the present case as pleaded are that the land belonging to various petitioners-land owners of district Muzaffar Nagar was acquired by the State Government for U.P. Avas Evam Vikash Parishad, Lucknow after issuing notification under Section 4(1) of the Land Acquisition Act on 1st March, 1975. The petitioners filed their objections before the Special Land Acquisition Officer, who after hearing the parties awarded the compensation to the petitioners at the rate of Rs.20.92 per sq.yard. Being aggrieved by the said award, the petitioners have preferred the reference before the District Judge under Section 18 of the Land Acquisition Act, wherein they have submitted that while awarding the compensation to the petitioners, the Land Acquisition Officer has not considered the objection filed by the petitioners and has also not considered the market value of the land acquired. It is further submitted that the prevalent rate and the market value of the land acquired falls from Rs.150/- to Rs.500/- per sq. yard and even the circle rate as fixed by the State Government was Rs.80/- per sq. yard. The acquired land is a land of potential for industrial area as well as for residential area and is situated near the city and township of the district and in fact U.P. Avas Evam Vikash Parishad has acquired the land in question for raising residential colonies on the acquired land, which has surrounding of schools, guest houses, libraries and other various residential colonies and government offices.
(3.) LEARNED counsel for the appellants contended that no doubt the land in question was acquired for raising residential colonies, yet the prevalent rate was not as submitted by the petitioners and the District Judge while awarding the compensation has not applied its mind and has incorrectly enhanced the compensation to the petitioners, whereas the value of the land in dispute has rightly been assessed by the Land Acquisition Officer. It is further contended that there was no Abadi land near the land in dispute at the time of initiation of acquisition proceeding. The District Judge has not given any heed to the law laid down by the Hon'ble Apex Court as well as High Court that compensation for big chunk of acquired land cannot be determined on the basis of sale deeds for small piece of land or nearby land, as the market value of the acquired land has to be determined on the quality and use of land at the time of notification and any other value after aforesaid notification is not relevant in determining the market value for the purposes of compensation.;