Amitava Lala, J. - (1.) SINCE all the aforesaid first appeals are connected and have been heard analogously, the same are being decided by this common judgment and order having binding effect upon all the aforesaid appeals. The First Appeal No. 42 of 1997 which has been dealt with first herein, will be considered as leading case.
(2.) THE facts in brief giving rise to the aforesaid appeals are as under : First Appeal No. 42 of 1987 : This appeal has been filed by the State of Uttar Pradesh through the Collector, Gorakhpur and Union of India through the Ministry of Defence, New Delhi. Initially a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter called as the 'Act') was issued on 14th March, 1970 which was subsequently modified and fresh one was issued on 26th October, 1971. By way of such notification land situated in Village Mahadeo Jharkhandi, Tukra No. 3, district Gorakhpur was acquired. THE acquisition was made by the State of Uttar Pradesh for the Union of India. THE purpose of acquisition was construction of residential quarters for the married persons of Air Force posted at Gorakhpur. Possession of the land was taken on 15th December, 1971 and total acquired area, subject-matter in this appeal, is 0.51 acres. Land Acquisition Officer (hereinafter called as the 'L.A.O.') by its order dated 31st July, 1975 awarded compensation at the rate of Rs. 8,000 per acre. THEreafter, application for reference under Section 18 of the Act was made on 6th December, 1980 which was registered as L.A.R. No. 185 of 1981. Before the Court of reference, the case of claimants was that the land is situated quite adjacent to the Gorakhpur Cantt. Station of North East Railway, North East Railway Bridge Workshop, Signal Workshop, Nina Thapa Inter College and other markets like Girdharganj alias Takiya Bazar, Turk Nala Bazar and Padri Bazar ; the land of close proximity was being developed for a building site where Madan Mohan Malviya Engineering College and Gorkha Regiment Convent School, Aerodrum and Colony for Air Force Officers have already been constructed ; the land has got potential value of the building site. THE claimants demanded compensation of the land at the rate of Rs. 4 per square foot ; compensation for severance of land from other portions thereof Rs. 10,000 and compensation for standing crops, which they could not harvest at the time of taking over possession. To the aforesaid reference, objection was filed on behalf of the State of Uttar Pradesh alleging that the L.A.O. had correctly assessed the market value of the land @ Rs. 8,000 per acre ; the claimants were given sufficient time to harvest the crop and in any case no damage was caused to them ; the claimants suffered no loss for the severance of the land from their holdings ; and the land had no potential value of a building site. Court of reference vide its judgment dated 25th August, 1986 awarded compensation of the land at the rate of Rs. 1.25 per square foot, i.e., Rs. 54,500 per acre, solatium @ 30%, interest @ 12% from the date of notification under Section 4 of the Act till the date of taking over possession and interest @ 9% from the date of award till the date of actual payment. Prayer for compensation towards severance of land and crops was rejected. Against this judgment of the court of reference, present appeal has been filed. First Appeal No. 43 of 1987 : State of U. P. through the Collector, Gorakhpur has filed this appeal. Notification under Section 4 of the Act was issued on 6th January, 1972 for acquiring the land situated in village Mahadeo Jharkhandi, Tukra No. 3, district Gorakhpur. The acquisition was made by the State of Uttar Pradesh for the Union of India. The purpose of acquisition was construction of hospital for Air Force personnel. Possession of the land was taken on 19th March, 1972 under Section 17 of the Act without determining the amount of compensation. The area of land acquired, subject-matter of this appeal, is 16.47 acres. L.A.O. by its order dated 18th July, 1975 awarded compensation at the rate of Rs. 8,000 per acre. Application for reference under Section 18 of the Act was made on 6th December, 1980, which was registered as L.A.R. No. 186 of 1981. Before the court of reference the case of claimant was that the land is situated in close proximity of the Gorakhpur Cantt. Railway Station, Neewa Thapa Inter College, Central School and at a distance of one furlong from aerodrome and colony of Air Force ; Gorakhpur city was spreading and developing towards the land in suit, where Gorakhpur Regiment Centre and Kuraghat Market etc. are situated ; the land has got potential value of the building site. Therefore, the claimant demanded compensation of the grove land of 3.50 acre @ Rs. 55,000 per acre ; for the remaining land at the rate of Rs. 4 per square foot ; Rs. 25,000 as compensation for severance of the land from his holding, and Rs. 40,000 as compensation for loss of standing crops. To the aforesaid reference, objection was filed on behalf of the State of Uttar Pradesh. Court of reference vide its judgment dated 25th August, 1986 awarded compensation of the land at the rate of Rs. 1.25 per square foot, i.e., Rs. 54,500 per acre, solatium @ 30%, interest @ 12% from the date of notification under Section 4 of the Act, till the date of taking over possession ; interest @ 9% from the date of award till the date of actual payment, whereas the amount of compensation awarded by the L.A.O. in respect of the trees was confirmed. Against this judgment of the Court of reference, present appeal has been filed. First Appeal No. 44 of 1987 :
(3.) THIS appeal has been filed by the State of Uttar Pradesh through the Collector, Gorakhpur and Union of India through the Ministry of Defence, New Delhi. Notification under Section 4 of the Act was issued on 26th October, 1971. Total area of land comprising 5.70 acres situated in village Mahadeo Jharkhandi, Tukra No. 3, district Gorakhpur was acquired by the State of Uttar Pradesh for the Union of India. The purpose of acquisition was construction of residential quarter for the employees of Air Force. Possession of the land was taken on 15th December, 1971. L.A.O. by its order dated 31st July, 1975, passed in Land Reference No. 40 of 1982, awarded compensation at the rate of Rs. 8,000 per acre. Before the court of reference, case of claimant was that the land is situated quite adjacent to the Gorakhpur Cantt. Station of North East Railway, North East Railway Bridge Workshop, Signal Workshop, Nina Thapa Inter College and established markets like Girdharganj alias Takiya Bazar, Turk Nala Bazar and Padri Bazar ; P.H.C. Camp Bichhiya and Madan Mohan Malviya Engineering College, Gorakhpur situate within distance of one furlong ; the sehan land of the house of the claimant was also acquired and market value of the land acquired was Rs. 5 per square foot, therefore, the claimant filed an objection under Section 9 of the Act and claimed compensation at the rate of Rs. 5 per square foot for the land, Rs. 600 for a hut and Rs. 10,000 for standing crops. Court of reference vide its judgment dated 25th August, 1986 awarded compensation of the land at the rate of Rs. 1.25 per square foot, solatium @ 30%, interest @ 12% from the date of notification under Section 4 of the Act till the date of taking over possession ; interest @ 9% from the date of award till the date of actual payment and Rs. 600 as compensation for hut. Prayer for compensation towards severance of land and crops was rejected. Against the judgment of the court of reference, present appeal has been filed. First Appeal No. 45 of 1987 : This appeal has been filed by the State of Uttar Pradesh. Notification under Section 4 of the Act was issued on 26th October, 1971, by which a total area of 97.21 acres situated in village Mahadeo Jharkhandi, Tukra No. 3, district Gorakhpur was acquired by the State of Uttar Pradesh for the Union of India for the purpose of construction of residential quarters of the married persons of the Air Force employees posted at Gorakhpur. Possession of the land was taken over on 15th December, 1971 under Section 17 of the Act. L.A.O. by its order dated 31st July, 1975 awarded compensation at the rate of Rs. 8,000 per acre. Thereafter, application for reference under Section 18 of the Act was made on 6th December, 1980 which was registered as L.A.R. No. 184 of 1981. Before the court of reference, the case of claimants was that the land is situated in close proximity of the developing town near Gorakhpur Cantt. Station of North East Railway and adjoining market, Central School, Madan Mohan Malviya Engineering College and Colony of Indian Air Force ; the land has got potential value of the building site ; claimant had his tube well and constructed tube well nali ; claimant had also grown fruits, trees and timber tree ; and therefore, the claimants demanded compensation of the land at the rate of Rs. 4 per square foot ; compensation for severance of other portion of land Rs. 25,000 ; compensation for standing crops Rs. 40,000, which they could not harvest at the time of taking over possession. To the aforesaid reference, objection was filed on behalf of the State of Uttar Pradesh. Court of reference vide its judgment dated 25th August, 1986 awarded compensation of the land at the rate of Rs. 1.25 per square foot, i.e., Rs. 54,500 per acre, solatium @ 30%, interest @ 12% from the date of notification under Section 4 of the Act till the date of taking over possession ; interest @ 9% from the date of award till the date of actual payment. Prayer for compensation towards fruit bearing trees and timber tree was rejected. Against this judgment of the court of reference, present appeal has been filed.;