U.P. State Industrial Development ... vs Rishabh Ispat Ltd. And Others ...

Pursuant to the Notification issued under Section 4 of the Land Acquisition Act on 25th August, 1981 the lands in village Habibpur were sought to be acquired for a public purpose. The possession of the lands in question was taken on 25th September, 1981. The Special Land Acquisition Officer offered compensation to the land owners on the basis of circle rates of the lands in question and accordingly for the lands of which the circle rate was Rs.3.05 ps. the compensation was fixed @ Rs.6,486.49 ps. per bigha. Similarly the lands which had the circle rate of Rs.6.25 per sq. yard, the compensation offered was Rs.11,583.02 ps. The land- owners were not satisfied with the offer of the Special Land Acquisition Office, hence a reference was sought and made under Section 18 of the Act. The reference court enhanced the compensation offered by the Special Land Acquisition Officer and it allowed compensation @ Rs.11/- per sq. yard for the lands abutting the road and a compensation of Rs.6/- per sq. yards for the other lands. The High Court on appeal by its impugned judgment and order has maintained the compensation awarded in respect of the lands abutting the road @ Rs.11/- per sq. yard and enhanced the compensation in respect of other lands from Rs.6/- to Rs.9/- per sq. yard. It cannot be disputed that the lands in question are valuable lands and have become even more valuable on account of the development that has taken place in the area. The lands are in the vicinity of the city of Delhi and within 8-9 kilometers of Noida on Dadri Noida Delhi main road. It is not in dispute that villages Habibpur and Gulsitapur are adjacent villages. Having regard to the location of these villages compensation for lands acquired have been awarded on the same basis and at the same rates by the High Court.

We may however notice that counsel appearing on behalf of the appellant UPSIDC submitted that in the instant case there was a sale deed wherein land was purchased by Shri A.P. Sarin @ 0.72 ps. per sq. yard. He, therefore, submitted that there could be no better evidence to prove that the value of the land was much less, particularly when the aforesaid sale deed was executed only 4 days before the issuance of the Notification under Section 4 of the Act. The submission appears to be attractive, but having regard to the fact that the Land Acquisition Collector himself offered compensation @ Rs.3.92 ps. and Rs.2.14 per sq. yard, the compensation could not have been reduced to 0.72 ps. per sq. yard in view of the provision of Section 25 of the Act. Moreover the sale deed does not appear to correctly represent the value of land in that locality because the other exemplars gave a different picture. On the other hand, the claimants had also produced a sale deed dated 19th August, 1981 which related to the sale of 0.5 bigha of land in village Habibpur @ Rs.43,801/- per bigha. This exemplar was rejected by the Reference Court observing that there was only one such sale deed which disclosed such high value for the lands of village Habibpur. The Reference Court relied upon a sale deed executed on 25th July, 1981 which related to the sale of 2 bighas of land of village Habibpur @ Rs.21,600/- per bigha. This sale deed was executed on 25th July, 1981 whereas the Notification under Section 4 was issued on 25th August, 1981. The Reference Court found this exemplar to be a reliable piece of evidence and accordingly determined compensation @ Rs.11/- per sq. yard for the lands abutting the road and Rs.6/- for the lands away from the road. The High Court has affirmed the finding of the Reference Court. We find no reason to interfere with the finding which is based on proper appreciation of the evidence on record and the proper application of the principles relating to determination of compensation under the Act.

We shall now consider the submissions urged by the claimants in the appeals preferred by them relating to acquisition of lands in village Habibpur.