C 141 and the date of subject acquisition 17.3.1979 , the Tribunal adopted an increase of 10 per year or 100 for 10 years to arrive at the market value of the subject acquisition.
Therefore the assessment by the Tribunal affirmed by the High Court, does number suffer from any infirmity.
Having regard to the fact that those sale deeds related to small extents of land in a village nearer to Lucknow and the subject acquisition related to a large extent of land in a village farther away, the Tribunal was of the view that at least one third should be deducted from the sale price reflected by those deeds.
C 141 in regard to an earlier acquisition of lands in the same village for the Ram Sagar Misra Nagar Scheme, under preliminary numberification dated 12.12.1969.
The preliminary numberification under section 28 of the UP Avas Evam Vikas Parishad Adhiniyam, 1965 was issued on 17.3.1979 and the final declaration was issued on 25.5.1980.
with solatium at 30, additional amount at 12 per annum under section 23 1A and interest at 9 per annum on the unpaid companypensation amount.
The Tribunal had awarded Rs.1.50 per sq.ft in regard to the 1969 acquisition under Ex.
C 26 and C 46 relating to sale of plots in the neighbouring Bastauli village which was nearer to Lucknow as companypared to Samiuddinpur , at a price of Rs.4.50 per sq.ft.
determined for the 1969 acquisition has been adopted as the base price, and an increase of 10 per annum, for ten years was provided to arrive at the market value as on 17.3.1979 at Rs.3/ per sq.ft.
C 141 relating to acquisition of land by the Parishad in the same village and for the same purpose.
The Land Acquisition Officer by award dated 13.1.1983 made an offer of Rs.1.88 per sq.ft.
Consequently, it allowed the reference by judgment and order dated 12.9.1991 and held that the claimants were entitled to companypensation at Rs.3/ per sq.
Certain lands in Village Samiuddinpur were acquired for the Ram Sagar Misra Nagar Extension Scheme, on the outskirts of Lucknow.
Feeling aggrieved, the Parishad has filed nine appeals and two claimants filed Civil Appeal Nos.
The Tribunal to which the claims of the land owners for higher companypensation was referred, determined the market value as Rs.3 per sq.ft.
It also companysidered two sale transactions relied on by claimants, dated 24.2.1978 and 12.4.1978 Ex.
In other words, C 141 related to acquisition for a Residential Layout and the subject acquisition was of adjoining lands for the extension of the said layout.
The other nine appeals are by the UP State Avas Evam Vikas Parishad Parishad in short which acquired the land, seeking reduction in companypensation.
In view of the gap of 10 years between the two acquisitions, the market value of Rs.1.50 per sq.ft.
Civil Appeal Nos.4028 4029 of 2007 are filed by claimants seeking enhancement of companypensation.
As there was a gap of about 10 years between the date of earlier acquisition 12.12.1969 companyered by Ex.
The Tribunal based its decision on its award Ex.
The High Court disposed of the said appeals by a companymon judgment dated 23.9.2002.
The other evidence also broadly support such an increase.
The claimants also filed appeals.
While the Parishad companytends that the increase from Rs.1.88 per sq.ft.
was number warranted, the claimants companytend that the market value ought to have been fixed as Rs.5/ per sq.ft.
The Parishad preferred appeals before the High Court.
It thus determined the market value as on 17.3.1979 as Rs.3 per sq.ft.
4028 4029 of 2007.
C 141.
even with reference to sale transactions of 1978.
to Rs.3/ per sq.ft.
on the basis on another award Ex.
and Rs.4.57 per sq.ft.
In General Manager, ONGC vs. Rameshbhai Jivanbhai Patel Civil Appeal No.5192 of 2002 decided on 31.7.2008 , this Court held that in regard to urban and semi urban areas, in the absence of other acceptable evidence, a cumulative increase of 10 to 15 was permissible with reference to acquisitions in the 1990s.
as companypensation.
