ORDER

Substitution allowed.

Leave granted. We have heard learned counsel on both sides.

2. Notification under Section 4(1) of the Land Acquisition Act, 1894 [for short, the Act ] acquiring an extent of 171.46 acres of land situated in village Tigarea Bhoor, Tehsil Hasanpur, District Mordabad for public purpose, viz., UPSIDC, was published on September 28, 1981. The Land Acquisition Officer [LAO] classified the lands into several categories and accepting the sale deed, item 51, determined compensation at the highest rate of Rs.15,500/- and gradually reduced the market value basing upon the classification. On reference under Section 18, the District Judge by his award and decree dated may 22, 1989 increased the compensation to Rs.40,000/- per acre. Dissatisfied with the determination of the compensation, the claimants as well as the State filed appeals in the High Court.

3. As seen, the High Court proceeded on the premise that the classification of the lands was not warranted, the entire land commands same value and that, therefore, uniform rate of market value is required to be adopted in determining the compensation. The High Court had accepted the sale deed relied on by the LAO and