Hon’ble Sudhir Agarwal, J.—After receipt of record of Court below, parties were permitted to file paper book, but despite opportunity paper book has not been filed.

2. Shri Vimlesh Kumar Rai, Advocate has appeared on behalf of appellant and Shri H.N. Singh, Senior Advocate assisted by Shri I.N. Singh has appeared on behalf of respondents and both requested that matter can be decided on the basis of record of appeal and Lower Court record, hence Court may dispense with the requirement of paper book & decide appeal. We accordingly dispensed with requirement of filing paper book and heard matter finally.

3. This is an appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as, Act, 1894) arising from judgment/award and decree dated 13.8.2001 and 6.9.2001 respectively passed by Shri Chandra Bhan, Additional District Judge, Court No. 11, Kanpur Nagar in Land Acquisition Reference (hereinafter referred to as LAR) No. 293/70/90.

4. Reference Court has determined market value for purpose of compensation, of acquired land, at the rate of Rs. 120/- per square meter, besides solatium at the rate of 30%, additional compensation at the rate of 12%, interest at the rate of 9% interest per annum from 4.4.1988 to 3.4.1989 and at 15% interest from 4.4.1989 till payment of compensation. Compensation has also been awarded in respect of standing trees on acquired land, but since dispute raised in this appeal is confined to market value of acquired land, therefore, we are not giving details of compensation of determination in respect of standing trees.

5. Facts in brief are relevant for adjudication of issues raised in this appeal are that Uttar Pradesh Jal Nigam (hereinafter referred to as UPJN), Kanpur constituted Ganga Pollution Control Unit, Kanpur and for said purpose required certain land. Consequently, notification under Section 4(1) of Act, 1894 was issued and published under U.P. Gazette Extraordinary dated 23.4.1987 proposing to acquire 24 hectares and 6000 square meters land at village Wajidpur alias Jajmau and 7 hectares and 930 square meters in village Paibandi (Total 31 hectares and 6930 square meters).

6. Possession of acquired land was taken on 4.4.1988. Special Land Acquisition Officer (hereinafter referred to as SLAO) made award under Section 11 of Act, 1894 on 22.12.1989 determining market rat,e for the purpose of compensation, at Rs. 25.39, 17.94 and 17.34 per square mater based on the nature of land and soil etc.

7. SLAO for determining aforesaid rate relied on sale-deed at Item No. 3 in list 2. Dissatisfied with the aforesaid award made by SLAO, landowner-claimants made application under Section 18 of Act, 1894 before District Magistrate, Kanpur Nagar for making reference to District Judge for determination of market value as per principles under Section 23 of Act, 1894.

8. Reference Court formulated four issues, which read as under:

1- D;k Hkwfe vftZr vf/kdkjh ds }kjk vfèkxzfgr Hkwfe ds lEcU/k esa fnyk;k x;k izfrdj vi;kZIr gS\ ;fn gkaW rks oknh fdl lgh o mi;qDr izfrdj dks izkIr djus dk vf/kdkjh gS\

2- D;k vf/kxzfgr Hkwfe ij [kM+s isM+ksa dh yxkbZ xbZ cktkjh dher vi;kZIr gS\ ;fn gkWa rks oknh D;k lgh o mi;qDr izfrdj ikus dk vf/kdkjh gS\

3- D;k oknh Hkwfe vtZu vf/kfu;e 1894 dh /kkjk 23¼1½¼,½ ds vUrxZr vf/kd izfrdj ikus dk vf/kdkjh gS\ ;fn gkWa rks fdruh èkujkf'k\

4- oknh fdl vuqrks"k dks ikus dk vfèkdkjh gS\

1. Whether the compensation awarded by the Land Acquisition Officer in respect of the acquired land is inadequate, if so what should be the fair and reasonable amount of compensation and payable to the claimant?

2. Whether the awarded market value of the trees over of the acquired land is inadequate. If so what should be the fair and reasonable market value of the trees over the acquired land?

3. Whether the claimant is entitled to higher compensation under Section 23(1)(a) of Land Acquis