The Vice Chairman, Agra Development Authority vs Shree Ram and Others

P.C. Verma, J.—The instant First Appeal has been filed against the judgment and award dated 4.5.92 passed by the Presiding Officer, Nagar Mahapalika Tribunal, Agra in Land Acquisition Case No. 1 of 1981 Shri Ram v. Nagar Mahapalika, Agra and Ors. by which the Tribunal has raised market value of the land in question from. Rs. 4.50 per sq. yard fixed by the Special Land Acquisition Officer, Agra to Rs. 13/-sq.yard.

The relief sought by means of instant First Appeal is that the judgment and award dated 4.5.92 passed by the Tribunal in L.A. Case No. 1 of 1981 Shri ram v. Nagar Mahapalika, Agra and Ors. may be quashed and the reference of the claimant, Respondent No. 1 filed u/s 18 of the Land Acquisition Act, 1894 may kindly be rejected. The impugned judgment and award has been challenged on one of the ground amongst others that the Tribunal erred in exorbitantly raising the market value of the land from Rs. 4.50 per sq. yard fixed by the Special Land Acquisition Officer, Agra to Rs. 13 per sq.yard.

Further various grounds have been taken firstly on the ground that the Tribunal erred in ignoring that the area of the land acquired was 29905031 sq.yards. It was a very big piece of land situated in village Surjeypur far off from the town and has erred in placing reliance on exemplars of small pieces of land and in ignoring the exemplars filed by the Appellant. The land acquired has great potential value for building site.

Secondly on the ground that the Tribunal erred in awarding solatium @ 30% u/s 23(2) of the land Acquisition Act which had been deleted in U.P. by U.P. Act 22 of 1954. The notification u/s 4 of the act was made on 24.7.71. The relevant provision was revived in U.P. by U.P. Act 28 of 1972. This provision did not apply to U.P. on the date of notification and also on the ground that the Tribunal erred in awarding additional compensation u/s 48-A of the Land Acquisition Act, as amended in U.P.

Thirdly on the ground that the finding of the Tribunal on the additional compensation u/s 48-A of the Land Acquisition Act @ Rs. 10 per sq.yard is not based on any legal evidence in as much as the Respondent failed to prove the market price of land on the date of award i.e. 1.5.1978 and also on the ground that the Tribunal erred in awarding interest at 9% on the compensation awarded for the period from 11.5.1976 to 10.5.1977 and at 15% per annum for the period from 11.5.1977 onwards u/s 28 of Central Act 68 of 1984.

Fourthly on the ground that the Tribunal erred in awarding additional compensation @ 12 % on the compensation determined for the period from 24.7.1971 to 11.5.1976 the date of possession u/s 23(1-A) introduced in the Land Acquisition Act by Central Act 68 of 1984 and also on the ground that the tribunal erred in determining excess compensation at Rs. 4,03,805.55p and further awarding on this amount interest @ 9% per annum for the period 11.5.1977 onwards and also additional compensation Rs. 12% for the period from 24.7.1971 to 11.5.1976.

Fifthly on the ground that the award made by the Tribunal is vitiated in law as the evidence adduced by the Appellant has not been considered.

Upon hearing learned Counsel for the parties and going through the record we are of the opinion that all the issues raised by the Appellant/claimant has been rightly answered by the Tribunal and no new ground has been raised in the instant appeal.

Therefore, we, affirm the award dated 4th May, 1992 made by the Presiding Officer, Nagar Mahapalika Tribunal, Agra in Land Acquisition Case No. 1 of 1981.

The First Appeal is hereby dismissed as such. No orders as to cost.