Heard learned counsel for the parties.
This appeal is directed against judgment, award and decree dated 31.7.1989 given by Additional District Judge/Special Judge, Azamgarh in L.A. Case no.7 of 1987 - Gharbharah and others vs. State of U.P. and others through Collector, Azamgarh. A total area of 15.206 acres of land situate in Village Hafizpur, Pargana Nizamabad Tehsil Sadar District Azamgarh was acquired for constructing a by-pass. Section-4 notification was issued on 26.5.1979. The acquired land belonged to different persons including half share of appellants - Vijai Krishna and Gopal Krishna both sons of Ghanshyam Das in plot nos. 398, 526 and 528 total area 297 kari (0.297 acre). The appellants' share was 148.5 kari. Special Land Acquisition Officer (S.L.A.O.) determined and offered the compensation at the rate of Rs.16,652.00 per acre. Dis-satisfied with the offered compensation the land owners/losers applied for making reference under Section 18 of Land Acquisition Act which was accordingly made and decided by the impugned judgment.
Five applications for making reference had been made. The learned Additional District Judge divided the acquired land into two parts one belonging to other tenure holders and the other belonging to the appellants of this appeal. The learned A.D.J. categorically held that the acquired land of appellants was better situate than the acquired land for other land owners as appellant's land was just adjacent to Azamgarh - Gorakhpur road and in its vicinity there existed residential buildings, shops and Sadar Hospital. The learned A.D.J. determined the market value of the acquired land of the appellants at the rate of Rs.26,620.79 per acre and of the other land at the rate of Rs.20,000/- per acre. The appellants' land was valued on the basis of the sale deed at Sl. No.18 dated 1.11.1979 mentioned in the award of S.L.A.O. and other land on the basis of sale deed mentioned at Sl. No.19.
The approach of the Reference Court/Additional District Judge is not satisfactory. Supreme Court in Chimanlal Hargovinddas v. Special Land Acquisition Officer, Poona AIR 1988 SC 1652 has held that the gist of the sale deeds considered by S.L.A.O. in its award cannot be taken as evidence by the District Judge/Additional District Judge/Reference Court and it has to decide the market value on the basis of evidence brought on record before it particularly certified copies of sale deeds.
Shri P.K.S.Paliwal, learned counsel for the appellants has mainly placed reliance upon the sale deed dated 26.5.1978 executed by Smt. Kalyani Devi in respect of plot no.521 area 112 kari for Rs.8,000/-. Its Certified copy was filed before the Reference Court and was numbered as paper no.59 ga. From the perusal of the map on page 111 of the paper book which was a map prepared in a suit (O.S.no.528/78) it is clear that plot no.521 sold through the said sale deed and plots of the appellants which were acquired i.e. plot no.398,526 and 528 are adjacent to each other and situate in abadi. However, in the sale deed dated 26.5.1978 it is mentioned that the sold property was in the shape of ahata. Moreover the area of the sold property was quite less than the area of the entire acquired land. The ratio is about 1 : 150.
In my opinion therefore the said sale deed after suitable deduction can be taken to be the best exemplar. After taking into consideration all the facts and circumstances the deduction should be of 25%. In the said sale deed the land was sold at the rate of Rs.71,400/- per acre (Rs.72,000/- in round figure). After making 25% deduction the rate comes to Rs.54,000/- per acre.
Accordingly, appeal is allowed. Impugned judgment, award and decree is varied and it is held that appellants are entitled to the compensation of their acquired land at the rate of Rs.54,000/- per acre alongwith 30% solatium and interest and additional compensation as permissible under the Land Acquisition Act. The said amount shall be paid to them.
Order Date :- 9.7.2012 RS