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2015 Supreme(All) 934
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL AND MRS. RANJANA PANDYA, JJ.
POWER GRID CORPORATION OF INDIA LTD. ......Appellant
Versus
CHANDRU AND ANOTHER ......Respondents
(First Appeal Nos. 141 and 142 of 2005, decided on 20th July, 2015)
Counsel :
Piyush Bhargava for the Appellant.
Headnote:Land Acquisition Act, 1894—Sections 54, 4(1), 6(1), 23—Land acquisition—Compensation—Acquisition for township—Market value—Whether determination of market value at Rs. 131 per sq. meter relying on a subsequent sale-deed dated 11.3.1996 is justified—Regarding determination of market value of land acquired, circle rates as fixed by Collector would not be relevant material to be looked into for determining market value—Exemplars should be such which are before the date of notification under Section 4(1) but an exemplar sale-deed of a subsequent period of date of acquisition notification is not completely ruled out to be relevant document provided for circumstances to justify the same are available—Once initially lies on claimants to prove what is the appropriate market rate—Reference Court not erred in determining market value for purpose of compensation of acquired land at rate of Rs. 131 per sq. meter—Interference with declined. [Paras 13 to 46]
Result; Appeals Dismissed.
By the Court.—We have heard Sri Piyush Bhargava, counsel for the appellants and learned counsel for the respondents.
2. Both these appeals under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act, 1894’) have arisen from the award/Judgment dated 29.9.2004 passed by Sri S.D. Paliwal, Additional District Judge, Court No. 17, Meerut adjudicating 39 Land Acquisition References (hereinafter referred to as ‘the L.A.R.’) including L.A.R. Nos. 119 of 1998, Chandaru v. State of U.P. and others and 116 of 1998, Atar Singh (now deceased and substituted by his legal heirs) v. State of U.P. and others.
3. Since both these appeal have arisen from the common award/Judgment, hence, have been heard together and are being decided by this common Judgment.
4. For the purpose of establishing 765/400/220 K.V. substation, the Power Grid Corporation of India Limited, Ghaziabad (hereinafter referred to as ‘the appellant’) sought to acquire 70.7562 hectare of land in village Mataur and Samauli Salempur, Tehsil Sardhana, Pargana Daurala, District Meerut and, for the said purpose, State Government issued notification under Section 4(1) of Act, 1894 on 13.2.1995. Notification under Section 6(1) was published on 17.9.1995 and possession of acquired land was taken on 6.9.1996. The Special Land Acquisition Officer, Meerut (hereinafter referred to as ‘S.L.A.O.’) made its award dated 20.2.1998 on various rates depending upon the nature of soil following the circle rate. He determined different rates for both the villages and the same are as under :
xkao % eSVwj
fdLe tehu
lfdZy jsV izfr gs0
vftZr {ks=Qy gs0 esa
nj izfr gs0
izfrdj /kujkf'k
ls0v0vk0
34-58
46-4187
329718-48
15305103-20
ls0v0[kk0
33-83
1-0940
322567-26
352888-58
ls0nks0vk0
29-41
0-9041
280422-80
253530-25
ls0nks0vk0
27-67
0-0717
263831-99
18916-75
ls0’kks0v0
19-01
0-4385
181259-35
79482-22
ls0’kks0v0
12-09
0-1194
115277-51
3764-13
Hkw0v0[k0
13-83
1-2094
131868-32
159481-55
Hkw0nks0vk0
17-27
0-8911
64668-32
146736-14
Hkw0nks0vk0
13-83
3-3858
131868-32
446479-76
Lis0izk0vk0
3-95
0-0903
37-663-04
3400-97
Lis0izk0[kk0
3-95
0-5524
37-663-04
20805-06
;ksx
55-1754
16800588-61
Since some tenure holders have executed soil, therefore, there was deduction in compensation as detailed below :
xkVk la0
{ks=Qy gs0 esa
fdLe tehu
Nj izfr gs0
Hkwfe dk izfrdj
dVkSrh 10 izfr’kr
988
0-2280
Hkw0nks0[kk0
131868-32
30065-98
3006-60
989
0-5152
Hkw0nks0[kk0
**
75865-66
7586-56
991
0-0544
Hkw0v0[kk0
**
7173-64
717-36
995
0-0110
Hkw0v0[kk0
**
1450-55
145-07
996
0-0300
Hkw0v0[kk0
**
3956-55
395-60
998
0-0456
Hkw0v0[kk0
**
6013-20
601-32
1253
0-0160
ls0nks0vk0
**
4221-31
422-13
;ksx
0-9602
128746-39
12874-63
xkoa % lSE;wy lyseiqj
fdLe tehu
lfdZy jsV izfr gs0
vftZr {ks=Qy gs0 esa
nj izfr gs0
izfrdj /kujkf'k
ls0v0vk0
32-61
8-3990
310934-63
2611539-96
ls0nks0vk0
26-17
1-5994
249529-57
399097-59
ls0nks0vk0
22-73
4-5427
216729-35
984536-92
ls0nks0[kk0
18-02
0-7350
171819-75
126287-51
ls0'kks0vk0
16-80
0-1280
160187-11
20503-95
Mk0v0vk0
18-02
0-176
