Case: Gaindo Vs. State of U.P. &amp; Others

1. Heard learned counsel for the parties.2. The landowners have preferred the instant appeals for enhancement of compensation. A common Notification under Sections 4 and 17 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act), was issued on 17.2.1989/2.3.1989, for acquisition of land situated in two villages, namely, Budhera Zahidpur and Kazipur, for construction of staff quarters and 44th Battalion, Provincial Armed Constabulary P.A.C. in District Meerut (U.P.).3. The Land Acquisition Collector determined the compensation @ Rs. 30/- per sq.yd.. The Reference Court enhanced the compensation @ Rs. 90.50 per sq.yd., whereas the High Court had further enhanced the same to Rs. 115/- per sq.yd. Still dissatisfied with the same, the landowners are before us in appeals.4. The evidence, that has been placed on record, was the Award passed in the case decided by this Court in U.P. Avas Evam Vikas Parishad v. Jainul Islam, (1998) 2 SCC 467 , in which the Notification had been issued under Section 4 in the year 1983, and the compensation determined by this Court was @ Rs. 73/- per sq.yd. and exemplar evidence produced in the close proximity of time of Notification issued in 1989 indicated that the prices had increased in the area, particularly, the exemplars, that were placed on record, relating to village Kazipur. The sale deed dated 27.2.1987 executed by Mohar Singh related to Khasra No.393, in Village Kazipur, @ Rs. 290/- per sq.yd. and the sale deed dated 23.8.1988 was executed by Jai Narain Sharma, relating to Khasra No.393, in village Kazipur @ Rs. 360/- per sq.yd. If the aforesaid sale deeds are taken into consideration, the average value would come to Rs. 325/- per sq.yd. in village Kazipur. Thus, after making 50% deduction out of the amount, for development and for smallness of the plot sold, as the area acquired was a large tract of land, we deem it appropriate to work out the compensation after deduction of said amount in the instant cases and it would be fair to grant compensation @ Rs. 162.50 per sq.yd., which is rounded off to Rs. 163/- per sq. yd.5. The trend of increase in prices was there, thus, the aforesaid compensation holds good for both the villages, i.e., Budhera Zahidpur and Kazipur, District Meerut (U.P.), as they are adjacent and, particularly, when development had taken place after acquisition had been made in the year 1983 in Jainul Islams case (supra). The compensation be paid to the landowners, along with statutory benefits, within three months from today.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]4. The evidence, that has been placed on record, was the Award passed in the case decided by this Court in U.P. Avas Evam Vikas Parishad v. Jainul Islam, (1998) 2 SCC 467 , in which the Notification had been issued under Section 4 in the year 1983, and the compensation determined by this Court was @ Rs. 73/per sq.yd. and exemplar evidence produced in the close proximity of time of Notification issued in 1989 indicated that the prices had increased in the area, particularly, the exemplars, that were placed on record, relating to village Kazipur. The sale deed dated 27.2.1987 executed by Mohar Singh related to Khasra No.393, in Village Kazipur, @ Rs. 290/per sq.yd. and the sale deed dated 23.8.1988 was executed by Jai Narain Sharma, relating to Khasra No.393, in village Kazipur @ Rs. 360/per sq.yd. If the aforesaid sale deeds are taken into consideration, the average value would come to Rs. 325/per sq.yd. in village Kazipur. Thus, after making 50% deduction out of the amount, for development and for smallness of the plot sold, as the area acquired was a large tract of land, we deem it appropriate to work out the compensation after deduction of said amount in the instant cases and it would be fair to grant compensation @ Rs. 162.50 per sq.yd., which is rounded off to Rs. 163/per sq. yd.5. The trend of increase in prices was there, thus, the aforesaid compensation holds good for both the villages, i.e., Budhera Zahidpur and Kazipur, District Meerut (U.P.), as they are adjacent and, particularly, when development had taken place after acquisition had been made in the year 1983 in Jainul Islams case (supra)