numberification under section 4 of the land acquisition act hereinafter referred to as the act was first published on march 8 1957 but this numberification was cancelled on december 2 1957.
1000 per katha and 15 dhurs of land for rs.
the total companypensation awarded by the land acquisition officer came to rs.
1000 per katha.
anumberher sale transaction related to the sale of 22.5 decimals of land on numberember 22 1958 at the rate of rs.
from the judgment and order dated 28 9 67 of the patna high companyrt in appeal from original decree number 129/62 s. desai and b.p.
86070.92.
100 on august 12 1957 at the rate of rs.
the land which was the subject of these sale transactions abutted the road and from the small size of the plots it appears that they were purchased for the purpose of companystructing shops or similar buildings thereon.
as against that learned companynsel for the respondent state has canvassed for the companyrectness of the view taken by the high companyrt.
one katha is said to companysist of 20 dhurs.
the high companyrt took the view in our opinion rightly that these sale transactions companyld number be excluded altogether from companysideration.
275 on october 19 1957 at the rate of rs.
we have given the matter our companysideration and are of the view that there is numbermerit in this appeal.
the land acquisition officer awarded compensation to the appellant at the rate of rs.
58 per katha.
from the road was number acquired.
750 on numberember 5 1956 at the rate of rs.
those sale transactions related to sale of five dhurs of land for rs.
the additional district judge excluded these sale transactions out of companysideration on the ground that the plots which were the subject matter of those sales were at some distance from the acquired land.
the high companyrt also took into account three other sale transactions which had been relied upon by the appellant.
52 per katha.
the land number sought to be acquired does number abut the road.
750/ on september 28 1956 at the rate of rs.
1100 per katha 15 dhurs of land for rs.
anumberher numberification for the acquisition of the said land was issued under section 4 of the act on january 1 1959.
civil appellate jurisdiction civil appeal number 1436 of 1968.
it is in evidence that in making acquisition the strip of the land of the appellant up to a depth of 100 ft.
94 per katha.
a third transaction related to the sale of .06 acre of land for rs.
529 and 1262 appertaining to khata number 1 in village tenduni in shahbad district for the purpose of companystructing an irrigation research station.
a number of documents were filed on behalf of the state to show the market value of the land in question.
those documents showed that a plot measuring 66 acres in the same village in which the land in dispute is situated was sold for rs.
the high companyrt on taking into companysideration the above three sale transactions relied upon by the appellant and three sale transactions relied upon by the respondent found the mean price of the land companyered by the six sale deeds to be a little more than rs.
c. prasad for the respondent.
the respondent state acquired 23.70 acres of the appellants land out of plots number.
2000 on march 13 1958 at the rate of rs.
the judgment of the companyrt was delivered by khanna j. this is an appeal on certificate under article 133 1 a of the companystitution against the judgment of the patna high companyrt whereby the appeal of the respondent state against the award of the learned additional district judge arrah was allowed in part and the amount of companypensation payable to the respondent in a land acquisition case was reduced.
singh for the appellant.
