AMITAVA LALA,J. - (1.) SINCE all the aforesaid first appeals are arising out of selfsame judgement and award dated 24th August, 1992 passed by the Court of reference, the same have been heard analogously and are being decided by this common judgement having binding effect in all the appeals, taking First Appeal No. 399 of 2009 as leading one.
(2.) IN brief, the facts giving rise to the aforesaid appeals are that a gazette notification No. 2932/18-4-87(Kha)-87 Lucknow, dated 13th October, 1987 under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter in short called as the 'Act') was published on 19th October, 1987, publication of which in two newspapers, namely, Dainik Hint and Dainik Pralayankar was done on 20th November, 1987 and 21st November, 1987 respectively and public notice of the substance of such notification was given on 11th March, 1988. The aforesaid notification was issued for acquiring the land having a total area of 357-3-5 bighas situated in Village Mamura, Pargana and Tehsil Dadri, District Ghaziabad for the purpose of development of project of Sectors-59 and 60 of New Okhla Industrial Development Authority, Ghaziabad (hereinafter in short called as the 'NOIDA'). In the said notification it was provided that since the land is urgently required, provisions of Section 17 (1) and (1-A) of the Act will be applicable but not Section 5-A of the Act. In respect of the aforesaid notification, a corrigendum gazette dated 24th December, 1987 was also issued, public notice of substance whereof was given on 08th December, 1988. Gazette notification under Section 6 (1) of the Act dated 06th July, 1988 was also published on 08th July, 1988, whereas publication thereof in two newspapers, namely, Dainik Pralayankar and Dainik Hint as well as public notice of the substance thereof were done on 28th July, 1988, 29th July, 1988 and 20th August, 1988 respectively. After issuance of the aforesaid notifications, opportunity to file objection was given to the land holders under Section 9 of the Act regarding measurement and rate of compensation, fixing 05th September, 1988 for hearing. Thereafter, after payment of 80% amount the possession of land for an area of 356-19-5 bighas was handed over to the NOIDA on 24th December, 1988. As recorded by the Special Land Acquisition Officer, NOIDA, Ghaziabad (hereinafter in short called as the 'SLAO'), no agreement to sell was produced by any of the land holders before the SLAO. For the purpose of determining the amount of compensation, the SLAO called for the sale-deeds executed within a period of three years from the date of last publication of Section 4 (1) of the Act from the office of Sub-Registrar, Dadri, during which period total 20 sale-deeds were found to be executed. The SLAO for some reason or the other discarded 19 sale-deeds and took the sale-deed at Si No. 20 to be the appropriate for forming basis to determine the amount of compensation. This sale-deed/agreement to sell was executed before five months from the last date of publication for an area of 300 square yard at the rate of Rs.50/- per square yard. The land under this sale-deed was also falling within the acquired area. On the aforesaid basis the SLAO by its award dated 30th June, 1990 awarded compensation of the land at the rate of Rs.50/- per square yard for those land holders whose area is below 8 acre, whereas for those land holders whose land area is more than 8 acre, awarded compensation for the land at the rate of Rs.37.50 per square yard by making deduction of 25%. SLAO also awarded solatium @ 30% of the compensation for land, 12% additional compensation from the date of last publication of notification under Section 4(1) of the Act i.e. 12th March, 1988 till the date of taking over possession on 24th December, 1988, interest @ 9% for one year and 15% after one year, and other compensations for house and well etc.
(3.) AGAINST the aforesaid award the claimants-land loosers proceeded before the Court of reference under Section 18 of the Act saying that their objections have not been considered on merit and the award is erroneous. SLAO has not considered the utility, potentiality and situation of the land. The land is situated only at a distance of two kilometres from Delhi border and the nearby area of which has already been developed residentially and industrially and is also developing very fast. The land is situated within the regulated area of NOIDA and is full of potential value. NOIDA itself has decided to pay compensation @ Rs. 90/- per square yard for the land situated in village Makanpur, which was acquired with the claimants' land situated in Village Mamura, whereas land of the claimants is in much useful position than that of said village. NOIDA itself is selling the adjacent lands @ Rs. 850/- and Rs. 1250/- per square meter for industrial and residential purposes respectively and since the NOIDA is an institution regulated by the State Government, therefore, it should sell the land without any loss and gain. Since the land in question comes within the regulated area, therefore, either sale-deed is not executed or the sale-deed is executed at a lower rate in order to save the stamp duty. SLAO has not taken into account the sale-deeds of other villages i.e. Makanpur and Khoda, due to which compensation could not be determined at the market rate in accordance with law. Against this background, the claimants-land loosers demanded compensation for the land @ Rs.200/- per square yard and other compensations at the enhanced rate.;