A.N.SEN, V.D.TULZAPURKAR
State Of U. P. – Appellant
Versus
Major Jitendra Kumar – Respondent
JUDGMENT
TULZAPURKAR, J.:—The only question raised in this appeal pertains to adequacy of compensation and the points raised before us really dwell on appreciation of evidence on record and hence we are not inclined to interfere with the High Courts appreciation, especially as no breach of any principle is involved.
2. About 80 bighas and 19 biswas of land in the town of Meerut was acquired for the benefit of the Meerut Co-operative Housing Society, Meerut under a Notification issued under S. 4 of the Land Acquisition Act on 6th Jan., 1948 and the Notification under S. 6 followed on 12th Feb., 1949. The Land Acquisition Officer made his award fixing the compensation at Rs. 1/0/6 per 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 Rs. 1/0/6 to Rs. 2/12/- per sq. yd. It is this enhancement that is challenged before us.
3. Principally the High Court relied upon a sale deed dated July 11, 1951 (Ex. 21) whereunder the Co-operative Society itself bad purchased a part of this land at a price calculated at the rate of Rs. 2/12/- pe
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