By the Court.—This appeal under Section 54 of the Land Acquisition Act, (hereinafter referred as “Act, 1984”) has arisen from award dated 16.4.1998 passed by Sri Yogendra Kumar Singhal, Additional District Judge (IV), Agra, adjudicating three Land Acquisition References (hereinafter referred to as “LAR”) including L.A.R. No. 41/88, determining market value of acquired land at the rate of Rs. 115/- per square yard and also 30% solatium under Section 23 alongwith interest for different periods as per the provisions of Act 1984. It has also determined compensation in respect of existing construction, including boundary wall and room existing on the land at the time of acquisition.

2. Sri S.C. Srivastava, learned counsel for appellant has confined his challenge to the award only to the extent that market value of acquired land has been determined at a very high rate. He has contended that Special Land Acquisition Officer (hereinafter referred to as “S.L.A.O.”) determined market value at the rate of Rs. 45/- per square yard, but the same has been enhanced unreasonably at the rate of Rs. 115/- per square yard.

3. The facts giving rise to the present dispute are as under :

4. State Government issued notification under Section 4 (1) of Act, 1894, published on 24.03/17.4.1982. Notification under Section 6 (1) of Act, 1984, was published on 25.03/17.4.1982. Possession of acquired land was taken on 21.7.1982. S.L.A.O. made award dated 24.6.1986, determining market value of acquired land at the rate of Rs. 45/- per square yard. Being dis-satisfied, landowners made application before Collector, Agra under Section 18 of Act, 1984 for making reference to District Judge, Agra for determination of market value of acquired land. Pursuant thereof, impugned award dated 16.4.1998 has been made.

5. Disputed land situate at Village Gailana, District Agra. Total area under acquisition is 12.359 acres (59824 square yard). However, dispute in this appeal pertains to the land of respondents tenureholders, area whereof is 2 Bigha, 12 Biswa (7865 square yard).

6. Land owners claimed compensation at the rate of Rs. 200/- per square yard on the ground that disputed land is situated just near Swadeshi Beema Nagar and there also exist residential, commercial and industial buildings and establishments, besides hotels, schools and several other institutions. It is near mental hospital of District Agra and tourist places like Sikandara. It is also submitted that acquired land is Abadi and, therefore, compensation ought to have been awarded at the rate applicable to urban area.

7. Reference Court formulated following five issues :

1- D;k fo'ks"k Hkwfe v/;kfIr vf/kdkjh }kjk ;kphx.k dks fnyk;k x;k eqvkotk de gS ;fn gka rks fdl okLrfod eqvkots dh /kujkf'k dks ikus ds os vf/kdkjh gSa\

1. Whether the compensation awarded to the petitioners by the Special Land Acquisition Officer is insufficient? If so, then what actual amount they are entitled to get.

2- vuqrkss"k\

2. Any Relief?

3- D;k ;kphx.k 30 izfr'kr dh nj ls lksysf'k;e ikus ds vf/kdkjh gSa\

3. Whether the petitioners are entitled to get solatium at the rate of 30 percent?

4- D;k ;kphx.k la'kksf/kr Hkwfe v/;kfIr vf/kfu;e ds izkfo/kkuksa ds rgr eqvkots dh èkujkf'k ij C;kt ikus ds vf/kdkjh gSa\

4. Whether the petitioners are entitled to get interest at the compensation amount under the provisions of the amended Special Land Acquisition Act?

5- D;k ;kph dks fookfnr Hkwfe ij ekStwn pkj nhokjh ,oa dejs ds fuekZ.k dh dksbZ eqvkots dh /kujkf'k vnk ugha dh xbZ ;fn gkWa rks bl foss"k; esa fdruk eqvkotkk ikus dk vf/kdkjh gSa\

5. Whether the petitioner was not paid any compensation amount for construction of the bounday wall and the room on the disputed land? If so, then what compensation amount on this count he is entitled to get?” (English Translation by Court)

8. In respect to issue 1, we find that claimant owners have relied on three sale-deeds dated 25.6.1981, 21.4.1982 and 19.6.1981.

9. Sale