TMI Blog1997 (4) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... AND CIVIL APPEAL NOS.7746-48, 7754,8870-9005, 9007-93, 9237- 9258, 9292, 10540-43, 9646-54, 10318-19/950 AND 248-53/97 ORDER In case pertaining to the village Dantal, leave confined to the question of interest, stands revoked. Delay condoned. We have heard learned counsel on both sides. Leave granted in all the matters except where the appeals are already on record. The Notification in respect of the lands of an extent of 235.95 acres of lands situated in village Quasimpur Nagla Tashi was issued on August 14, 1987 under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the 'Act') for planned development of Meerut City. The Land Acquisition officer awarded compensation. under section 11, on February 22, 1990 at the rate of ₹ 50/- per sq. yard. On reference under section 18, the Additional District Judge passed the award and decree dated May 11, 1992 awarding compensation at the rate of ₹ 240/- per sq. yd. Feeling aggrieved by the said judgment, when the Development Authority and the Government filed appeals followed by the cross appeals by the claimants, the High Court in the judgment dated January 12, 1995 reduced the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belt area of 29.81 acres, by the award dated January 8, 1991 compensation was awarded at the rate of ₹ 70/- per sq. yard. For small portion of the second belt area of admeasuring 2.45 acres compensation at the rate of ₹ 56.25 per sq. yard was awarded by award dated 31.10.1990. On appeal, the High Court has reduced the compensation to ₹ 70/- per sq. yard in respect of 48.44 acres by the judgment dated February 12, 1995. Thus, these appeals by special leave. We have heard learned counsel on both sides. We have perused the map produced before us and also the sale deeds filed by the parties and their location as well as the award of the reference court made pursuant to the notification published on April 5, 1980 for acquiring the similar lands for laying the Grand Turnk by-pass Road. The reference Court awarded compensation at the rate of ₹ 70/- per sq. yard which had become final. From this factual matrix, the question that arises for consideration is: whether the determination of the market value by the reference Court as well as the High Court is vitiated by any error of law and whether the appellants are entitled to higher compensation ? it is seen that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are situated in different village and near different fertility and are, therefore, not capable of securing the same market value. The reference court, though adopted the belting system did not properly consider the fixation of the market value on the rational basis. In the absence of adduction of evidence either of the vendor or of the vendee, sale deeds cannot be looked into. The Land Acquisition officer considered unimpeachable evidence and his award can be looked into. Necessarily, the award there was no need to increase further enhance the compensation. Shri Raju Ramachandran, learned senior counsel appearing for the claimants in Mukarabpur Palhera, contends that though the notification is dated February 12, 1980, necessarily, there is a rise in prices and the reference court was not right in making the belting and fixing the compensation at ₹ 70/- and ₹ 37.50 per sq. yard etc. The High Court also committed same error of law. The learned counsel appearing for the claimants from the village Dantal, contended that the lands are situated in between the development Meerut cantonment area and the by-pass road possessed of high potentiality for immediate use as build ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction for developmental charges for the lands situated in Quasimpur Nagla Tashi and the claimants are entitled to the solatium at 30% on enhanced compensation. They are also entitled to interest at the rate of 95 per annum of one year and 15% per annum on enhanced compensation from the date of the taking possession till date of deposit in the court. In case the land owners are still in possession, they are not entitled to the payment of the interest. similarly, they are entitled to additional amount under section 23(1- A) from the date of the notification till date of the award or date of the taking possession, whichever is earlier. The appeal of claimants in respect of the aforesaid village stands disposed of. The judgment and decree of the High Court stand set aside. The judgment and decree of the reference Court stand modified accordingly. In respect of the Mukarabpur Palhera, it is seen that the notification is dated July 12, 1980. In view of the fact that this land also is in very close proximity to the developed Meerut city and the lands also were possessed of potential value for building purposes as on the date of the notification, we think that approximate market va ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
