The main legal point established in the judgment is the entitlement of claimants to fair compensation, additional compensation, and interest under the Land Acquisition Act based on the market value of the land and relevant legal provisions.

PRAKASH KRISHNA, J.

( 1 ) THE present appeal arises out of judgment and decree dated 30-4-1992 passed by the VI Additional District and Sessions Judge, Azamgarh in Land acquisition Reference No. 10 of 1991. The contesting respondents have also filed a cross-objection.

( 2 ) THE land of the claimants-respondent was acquired for the purposes of construction of a canal by the State Government, although possession had been taken before the land acquisition proceedings. The possession was taken in the year 1980 and the notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act was made on 14th December, 1988. The notification under Section 6 of the Act was issued on 3-4-1989. The land in question is Khasra Plot No. 39 in village Imiliya, Tehsil Sadar, District azamgarh. The area of acquired land is 532 karis. The Special Land Acquisition Officer gave an award on 7-1-1991 against which a reference application was made in which the claimants-respondents claimed that compensation at the rate of Rs. 6,000/- per biswa should be granted to them. The Court below, that is, the reference Court, enhanced the compensation and granted the same at the rate of rs. 3,500/- per biswa by the order under appeal. The state Government has challenged the enhanced amount of compensation by means of the present appeal while the claim-ants-respondents have filed cross-objection for further enhancement of the compensation.

( 3 ) I have heard the learned standing counsel for the appellant and Sri J. A. Azmi Advocate, counsel for the respondents.

( 4 ) AS many as 6 issues were framed in the court below. Under issue No. 1 the court below found that the market value of the land on the date of the notification under section 4 of the Act was Rs. 3,500/- per biswa. Under issues No. 2 and 3 it was found that the respondents have suffered a loss of Rs. 4,000/-on account of the fact that the canal constructed by the appellant has divided the remaining holding of the claimants into two parts and as such the claimants have suffered damages to the tune of Rs. 4,000/ -. However, in the operative part of the judgment there is no mention of grant of Rs. 4,000/ -. Under issue no. 4 it was concluded that the actual possession of the land was taken in the year 1980 and as such the claimants are entitled to interest from that date. Under issue No. 5 it was found that only 432 Karis have been acquired and not 532 Karis as alleged by the claimants. The court below partly allowed the claim of the claimants by enhancing the compensation to Rs. 3,500/- per biswa. Solatium at the rate of 30%, additional compensation at the rate of 12%, and the interest at the rate of 15% from the date of actual taking of possession, that is, June 1980 to May 1981 and interest at the rate of 15% for the subsequent period were granted.

( 5 ) THE learned standing Counsel submitted that the court below has committed an error of law as well as on facts in determining the market value of the land. Statement of Athar all (P. W. 1) was recorded on behalf of the claimants. He has stated that the market value of the land in question on the date of recording of evidence was Rs. 25,000/- per Biswa and the value of the land was increasing every year. There was enhancement of about 5% in the price each year. The and in question is situated at a distance of about 1 kms. from azamgarh-Ghazipur main road. The quality of the land is very good and two crops were sown every year. In the examination-in-chief it was stated by him that at the time when the possession was taken the market value of the land was Rs. 3,500 per biswa. The court below although on the basis of the exemplar concluded that the market value of the land on the date of notification under section 4 of the Act came to Rs. 5,000 per biswa, but awarded the compensation at the rate of Rs. 3. 500/- per biswa on the basis of the statement of P. W. 1 I have gone through the statement of P. W. 1 and of the opinion that the c

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