By the Court.—We have heard Shri K.K. Arora, learned counsel appearing for the appellant. Shri Ashwani Kumar Mishra assisted by Shri Vrindavan Misra appears for the Ghaziabad Development Authority-respondent No. 3. Learned Standing Counsel appears for the State respondents.

2. This appeal under Section 54 of the Land Acquisition Act arises out of judgment and award dated 16.1.2001 passed by the 14th Additional District Judge, Ghaziabad in Land Acquisition Reference Case No. 624 of 1997, Wing Commander P.D. Bali v. State and others, whereby the claim of claimant appellant was allowed in part only in the reference made by him against the award of Special Land Acquisition Officer, Ghaziabad.

3. The land in Khasra No. 437 area 3 bigha 4 biswa (9680 sq. mtrs.) in Village Dasana District Ghaziabad was acquired by the State Government under the Land Acquisition Act, 1895 (the Act) included in the total acquired area of 146 bigha 17 biswa and 19 biswansis vide notification under Section 4/17 of the Act dated 18.8.1988 for which the notification under Section 6/17 was published on 3.10.1988. The possession of the land was taken on 14.12.1988. The award under Section 23 of the Land Acquisition Act was declared on 7.12.1990. A supplementary award for plot No. 437 area 3 bigha 4 biswa, which is subject-matter of this appeal was declared on 10.8.1997 for the structures and trees standing on the plot for which no assessment was made and compensation thereof was not paid.

4. In the award dated 7.12.1990 the Special Land Acquisition Officer determined the compensation for Village Dasana at Rs. 71.43 per sq. yard.

5. Late Wing Commander P.D. Wali applied for reference under Section 18 of the Act, which was registered as Land Acquisition Reference No. 624 of 1997. The reference Court by its judgment and decree dated 16.1.2001 enhanced the compensation for an amount to Rs. 163 per sq. yard alongwith other statutory benefits namely 12% interest with effect from the date of notification under Section 4 (1) of the Act dated 16.8.1988 upto the date of delivery of possession on 14.12.1988; 30% solatium under Section 23 (2) of the Act; 9% interest with effect from the date of delivery of possession on 14.12.1988 and thereafter at the rate of 15% per annum until the amount is deposited. The reference Court also allowed compensation of Rs. 6,54,921.71 for the construction namely two rooms, two hand pumps, one Samadhi and the price of the trees, on the land alongwith 15% interest with directions that any amount paid shall be adjusted from the amount awarded.

6. The Ghaziabad Development Authority has preferred this appeal on the grounds namely that the compensation on square yard basis by reference Court of the agricultural land is contrary to the law laid down by Hon’ble Supreme Court as well as by this Court; the reliance of sale exemplars of very small area to justify enhancement was not legal. In respect of very large area such exemplars should have been ignored; the land was admittedly used for agricultural by growing fruits, trees and plants and therefore the determination of compensation on square yard basis was erroneous; the land is situate far away from the abadi area. The findings of the reference Court that petrol pump was situate near the land would not justify the compensation on the rates higher than the agricultural land; the market value should have been determined on the basis of the use of the land. The Ghaziabad Development Authority has also questioned the award in respect of construction and trees on the ground that they have been valued on higher side. The land was not developed and that age of the trees in awarding compensation was not considered.

7. The land owner has also filed First Appeal No. 423 of 2008 against the judgment and award dated 16.1.2001 passed in reference under Section 18 of the Act, which is connected with this appeal filed by the Ghaziabad Development Authority. So far as the issue relating to determin