Collector vs Sri Bachhan

Hon''ble Sanjay Misra, J.—List of final hearing cases has been revised. Sri Sirish Chandra, learned Standing Counsel for the appellant is present. None appears on behalf of the respondent. This First Appeal has been filed u/s 54 of the Land Acquisition Act against the judgment and order dated 26.03.1990 passed in Land Acquisition Reference No.397 of 1987 (Sri Bechan Vs. State of U.P. & others) by the 10th Additional District Judge, Varanasi.

Learned Standing Counsel has submitted that notification u/s 4 of the Land Acquisition Act was issued on 30.08.1985, notification u/s 6 of the Act was issued on 31.08.1985 and the award was given by the Special Land Acquisition Officer on 06.09.1988, whereby he gave compensation of Rs.5323.84p for 0.61 acre land of the appellant with 13% solatium and 12% interest thereupon. Feeling aggrieved the claimant-respondents preferred a reference u/s 18 of the Act which has been decided by the impugned order.

Learned Standing Counsel has referred to the decision taken by the Reference Court on Issues No.1 & 2 and states that the Reference Court has taken into account the award made in Reference No. 401 of 1987 (Sri Bechan Vs. Collector, Varanasi) and Reference No.99 of 1988 (Sukh Devi Vs. Collector, Varanasi) where the Reference Court had awarded compensation @ Rs.1,00,000/-(one lac) per acre but he found that the land of the appellant was situated in different village and therefore rejected the claim of the claimant-respondents for award of the same compensation as awarded in the Reference No.401 of 1987 and 99 of 1988. Learned counsel states that having rejected the claim of parity the Reference Court has not given any other reason for enhancing the compensation to Rs.70,000/-per acre and therefore this is a case of no evidence with respect to valuation of the land in question.

Having considered the submission of learned Standing Counsel for the appellant and upon perusal of the record it appears that the claimant-respondent had relied upon the award of Reference No.401 of 1987 and 99 of 1988 but the Reference Court has rejected the same on the ground that the land in the present reference was not similar or identical to the land in those references. Thereafter he recorded that the land in question would be valued @ Rs.70,000/-per acre. However, upon going through the record as also the impugned award there is no evidence available nor discussed to show that the land in question would be valued @ Rs.70,000/-per acre. As such the submission of learned Standing Counsel that this is a case of no evidence with respect to the valuation of the land appears to be correct. The award of the other references had been rejected by the court below. The value of the land could not have been fixed arbitrarily without any basis, as such the impugned award being not based on any evidence whatsoever while fixing the compensation requires to be set aside. For the aforesaid reason, the impugned judgment and order dated 26.03.1990 passed in Land Acquisition Reference No.397 of 1987 (Sri Bechan Vs. State of U.P. & others) by the 10th Additional District Judge, Varanasi, is set aside. The appeal is allowed.

No order is passed as to costs.