ORDER :

R.V. Raveendran, J.

Civil Appeals Nos. 4028-29 of 2007 are filed by the claimants seeking enhancement of compensation. The other nine appeals are by the U.P. State Avas Evam Vikas Parishad ("the Parishad", in short) which acquired the land, seeking reduction in compensation.

2. Certain lands in Village Samiuddinpur were acquired for the Ram Sagar Misra Nagar Extension Scheme, on the outskirts of Lucknow. The Preliminary Notification under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 was issued on 17-3-1979 and the final declaration was issued on 25-5-1980. The Land Acquisition Officer by award dated 13-1-1983 made an offer of Rs. 1.88 per square feet as compensation. The Tribunal to which the claims of the landowners for higher compensation were referred, determined the market value as Rs. 3 per square feet. The Tribunal based its decision on its award (Ext. C-141) in regard to an earlier acquisition of lands in the same village for the Ram Sagar Misra Nagar Scheme, under Preliminary Notification dated 12-12-1969. In other words, C-141 related to acquisition for a residential layout and the subject acquisition was of adjoining lands for the extension of the said layout. The Tribunal had awarded Rs. 1.50 per square feet in regard to the 1969 acquisition under Ext. C-141. As there was a gap of about ten years between the date of earlier acquisition (12-12-1969) covered by Ext. C-141 and the date of subject acquisition (17-3-1979), the Tribunal adopted an increase of 10% per year (or 100% for ten years) to arrive at the market value of the subject acquisition. It thus determined the market value as on 17-3-1979 as Rs. 3 per square feet. It also considered two sale transactions relied on by the claimants, dated 24-2-1978 and 12-4-1978 (Exts. C-26 and C-46) relating to sale of plots in the neighbouring Bastauli Village (which was nearer to Lucknow as compared to Samiuddinpur), at a price of Rs. 4.50 per square feet and Rs. 4.57 per square feet. Having regard to the fact that those sale deeds related to small extents of land in a village nearer to Lucknow and the subject acquisition related to a large extent of land in a village farther away, the Tribunal was of the view that at least one-third should be deducted from the sale price reflected by those deeds. The Tribunal thus arrived at the market value of Rs. 3 per square feet even with reference to sale transactions of 1978. Consequently, it allowed the reference by judgment and order dated 12-9-1991 and held that the claimants were entitled to compensation at Rs. 3 per square feet with solatium at 30%, additional amount at 12% per annum under Section 23(1-A) and interest at 9% per annum on the unpaid compensation amount.

3. The Parishad preferred appeals before the High Court. The claimants also filed appeals. The High Court disposed of the said appeals by a common judgment dated 23-9-2002. The High Court affirmed the judgment of the Tribunal in regard to market value. It however increased the rate of interest payable from the date of expiry of one year from the date of taking possession. Feeling aggrieved, the Parishad has filed nine appeals and the two claimants filed Civil Appeals Nos. 4028-29 of 2007. While the Parishad contends that the increase from Rs. 1.88 per square feet to Rs. 3 per square feet was not warranted, the claimants contend that the market value ought to have been fixed at Rs. 5 per square feet on the basis of another award Ext. C-146.

4. After considering the evidence, the Tribunal and the High Court have concurrently determined the compensation payable as Rs. 3 per square feet as on 17-3-1979. The said market value has been determined with reference to an award (Ext. C-141) relating to acquisition of land by the Parishad in the same village and for the same purpose. In view of the gap of ten years between the two acquisitions, the market value of Rs. 1.50 per square feet determined for the 1969 acquisition has been adopted as the base