Case: State of Uttar Pradesh Vs. Major Jitendra Kumar and Others

2. About 80 bighas and 19 biswas of land in the town of Meerut was acquired for the benefit of the Meerut Cooperative Housing Society, Meerut under a Notification issued under Section 4 of the Land Acquisition Act on January 6, 1948 and the Notification under Section 6 followed on February 12, 1949. The Land Acquisition Officer made his award fixing the compensation at the rate of Reper sq. yd. which was confirmed by the Civil Court in the land reference made to it. When the matter was carried in appeal to the High Court by the claimants, the High Court enhanced the rate of compensation from Reper sq. yd. It is this enhancement that is challenged before us.

Reasoning: It is true that the sale deed Ex. 21 upon which the High Court has relied is of a date three years later than the Notification under Section 4 but no material was produced before the Court to suggest that there was any fluctuation in the market rate at Meerut from 1948 onwards till 1951 and if so to what extent. In the absence of any material showing any fluctuation in the market rate the High Court thought it fit to rely upon Ex. 21 under which the Housing Society itself had purchased land in the neighbourhood of the land in dispute. On the whole we are not satisfied that any error was committed by the High Court in relying upon the sale deed Ex. 21.