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GAINDO V/S STATE OF U.P. & OTHERS, decided on Wednesday, November 1, 2017.
[ In the Supreme Court of India, Civil Appeal Nos. 3423, 3428, 3426, 3427, 3425 & 3424 of 2012, 181, 182, 690, 171-172, 184, 183, 691, 180 of 2013, 1863, 2074 of 2014. ] 01/11/2017
Judge(s) : ARUN MISHRA & MOHAN M. SHANTANAGOUDAR
Advocate(s) : Vimla Sinha, Gopal Singh, Jitendra Mohan Sharma, Jitendra Mohan Sharma, Sr. , Ajit Sharma, Seema Singh, Pahlad Singh Sharma. T.N. Singh, Upendra Mishra, Vinay Garg, Anuvrat Sharma.
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    Heard learned counsel for the parties.2. The landowners have preferred the instant appeals for enhancement of compensation. A common Notification under Sections 4 and 17 of the Land Acquisition Act 1894 (hereinafter referred to as `the Act') was issued on 17.2.1989/2.3.1989 for acquisition of land situated in two villages namely Budhera Zahidpur and Kazipur for construction of staff quarters and 44th Battalion Provincial Armed Constabulary P.A.C. in District Meerut (U.P.).3. The Land Acquisition Collector determined the compensation @ Rs. 30/- per sq.yd.. The Reference Court enhanced the compensation @ Rs. 90.50 per sq.yd. whereas the High Court had further enhanced the same to Rs. 115/- per sq.yd. Still dissatisfied with the same the landowners are before us in appeals.4. The evidence that has been placed on record was the Award passed in the case decided by this Court in U.P. Avas Evam Vikas Parishad v. Jainul Islam (1998) 2 SCC 467 in which the Notification had been issued under Section 4 in the year 1983 and the compensation determined by this Court was @ Rs. 73/- per sq.yd. and exemplar evidence produced in the close proximity of time of Notification issued in 1989 indicated that the prices had increased in the area particularly the exemplars that were placed on record relating to village Kazipur. The sale deed dated 27.2.1987 executed by Mohar Singh related to Khasra No.393 in Village Kazipur @ Rs. 290/- per sq.yd. and the sale deed dated 23.8.1988 was executed by Jai Narain Sharma relating to Khasra No.393 in village Kazipur @ Rs. 360/- per sq.yd. If the aforesaid sale deeds are taken into consideration the average value would come to Rs. 325/- per sq.yd. in village Kazipur. Thus after making 50% deduction out of the amount for development and for smallness of the plot sold as the area acquired was a large tract of land we deem it appropriate to work out the compensation after deduction of said amount in the instant cases and it would be fair to grant compensation @ Rs. 162.50 per sq.yd. which is rounded off to Rs. 163/- per sq. yd.5. The trend of increase in prices was there thus the aforesaid compensation holds good for both the villages i.e. Budhera Zahidpur and Kazipur District Meerut (U.P.) as they are adjacent and particularly when development had taken place after acquisition had been made in the year 1983 in Jainul Islam's case (supra). The compensation be paid to the landowners along with statutory benefits within three months from today.6. Accordingly the appeals preferred by the landlowners are allowed. Pending application if any stands disposed of.