State of U.P. and Another vs Laxmi Prasad

Sanjay Misra, J.—List has been revised.

Heard learned Standing Counsel for the Appellant.

This is a First Appeal against the judgment and decree dated 03.05.198 passed in Land Acquisition Reference No. 97 of 1987 between Laxmi Prasad v. State of U.P. and Anr. by the District Judge, Gorakhpur, whereby the compensation for the acquired land has been increased.

According to learned Standing Counsel the Reference Court has clearly recorded that there were no exemplars filed by the claimant-Respondent with respect to value of land and the exemplars of 1980 filed on behalf of State have been discarded for the reason that they are three and half years old. Learned Standing Counsel has submitted that the amount awarded by the Special Land Acquisition Officer was Rs. 16019/- for 1.79 acres, whereas the Reference Court has increased amount to Rs. 1 lac per acre for the reason of its potential value. He refers to the reasoning given by the Reference Court and states that admittedly the land is at a distance from Ramgarh Tal as also from Ramgarh village and the facilities of water and electricity in the village are not available near the land. The land in question is not connected with any pakka road. He states that mere fact that the land is plain could not lead the Reference Court to record that houses can be constructed thereupon particularly, in view of the statement of the Lekhpal that the land is 6 to 7 feet lower in level from the national highway which even otherwise is more than one and half kilometers away. Learned Standing Counsel states that the fixation of such high valuation for land in the interior and low lying land on the ground that it has potential value is illegal and against the evidence on record hence it cannot be sustained inasmuch as no reason has been given for arriving at the potential value of the land in question by the Reference Court.

The submission of learned Standing Counsel appears to have substance. The Special Land Acquisition Officer had awarded Rs. 16019/-as compensation whereas the Reference Court has awarded compensation @ Rs. 1 lac per acre which is without any material on record but is based upon surmises and conjectures. The reference court had the exemplars of the year 1980 on record. In case it was found that the exemplars are three years old it could have assessed the value at the relevant date by and even enhanced it by taking the exemplars of 1980 as the starting point. This particularly when the claimants had not filed any evidence or any exemplars for showing the value of the land.

In so far as the grant of interest and soletium is concerned, no error can be found there in.

For the aforesaid reasons, this appeal is allowed. The judgment and decree dated 03.05.1988 passed by the Reference Court in Land Acquisition Reference No. 97 of 1987 is set aside.

By the interim order dated 04.12.1996 the Appellant was required to deposit 50% of the decreetal amount along with interest @ 12% per annum before the Trial Court and the claimant-Respondent was entitled to withdraw 50% of the said amount without any security and 50% on the deposited amount by furnishing security to the satisfaction of the Court below. Learned Standing Counsel states that he has complied with the interim order dated 04.12.1996.

For the aforesaid reasons the matter is remitted to the Reference Court for determining the compensation on the basis of evidence already on record.

In view of the aforesaid submission, in case the claimant-Respondent has received the amount in excess of the compensation under the interim order passed by this Court, the same shall not be recovered from him and shall be subject to fresh orders passed by the Reference Court.

The First Appeal is allowed. No order is passed as to costs.