Yatindra Singh, J. - (1.) THE main question involved in these two appeals is, if the possession of land is taken before publication of notification under Section 4(1) of the Land Acquisition Act (the Act) then, whether any interest is payable on the compensation or not. THE Facts
(2.) 5 Bigha 13 Biswa 18 Dhoor (3.56 acres) of land situate in village Manshahpur, Pargana Bhadohi District Varanasi was acquired for 'Inar Gaon Rajwaha' under the Act. The possession was taken on 10.2.1984. However the notifications under Section 4(1) and Section 6(1) of the Act were published on 25.8.1987 and 23.1.1988 after possession was taken. The SLAO summoned the sale-deed of the area. Five sale-deeds were placed before him. He relied upon the sale-deed mentioned at serial No. 4 in the schedule-ll. It was executed by Smt. Kunta Devi on 6.7.1985. It was for 17 biswa 14 dhoor of land of plot No. 168 of the same village for consideration of Rs. 22.125/-. This sale-deed gave the rate of Rs. 25.000/- per bigha. It was accepted and the Special Land Acquisition Officer (the SLAO) gave his award on 29.11.1988. He also gave 12% per annum on the market value of the property and interest was also awarded. The claimants filed applications under Section 18 of the Act for enhancing the market value of the land. These applications have been allowed on 18th August, 1990 and 29th August, 1990 respectively by the Vth Additional District Judge, Varanasi (the Court below).
(3.) THE Court below rejected the sale-deed relied upon by the SLAO. He placed reliance on the sale-deed dated 4.2.1985 executed by Kunjan Singh and Phulai Singh. This sale-deed was mentioned at serial No. 2 of the schedule-ll and was in respect of 1 biswa 13 dhoor of plot No. 107. It was for a consideration of Rs. 9,000/-. This gave rate of Rs. 5,454/- per biswa. He added 25% for increase in value of the property as sale-deed was two years prior to the publication of notification under Section 4(1) of the Act. He also awarded the following amount from the date of possession till the date of award: (i) 12% per annum on the market value of the property under Section 23(1) of the Act; (ii) Interest of 9% for the first year and thereafter 15% under Section 34 of the Act. THE submissions of the Appellant I have heard Sri R.C. Srivastava, Standing Counsel for the appellants. He raised the following submissions before me: (i) The Court below committed illegality in calculating the market value of the property on the basis of sale deed dated 4.2.1985 executed by Kunjan Singh and Phulai and the market value of the property could not be enhanced. (ii) The Court below committed illegality in awarding 12% per annum on the market value of the property from the date of taking possession. It ought to have been granted from the date of publication of notification under Section 4(1) of the Act. (iii) The possession of the land was taken prior to publication of notification under Section 4(1) of the Act and as such no interest could be awarded on the market value. 1st Submission : Sale-deed prior-25% should be added;