7 the sale deed dated 15 5 1946 Rs.
Out of the acquired are a of the land a portion measuring 1 bigha and 4 biswas belonged to one Uggra Sen the rest belonged to appellant Deep Chand.
It would thus be seen that the price of the land in the locality was doubled in the companyrse of three years near about the time the numberification under Section 4 had been issued.
yard on the basis of Uggra Sens sale deed.
The learned District Judge of Muzaffarnagar who decided the reference fixed 6 anaas per sq.
It was resold by sale deed dated 4 10 1948 Ext.
yards of tenants land at the said rate came to Rs.
It is number a small plot of land.
We are number impressed by any of these reasons.
The Collectors award determined the companypensation payable at 2 annas per sq.
in appeal the total extra claim was limited to Rs.
So also the existence of the mango grover cannot justify the large difference between Rs.
Out of this, land measuring 61, 012 sq.
The value of 6,860 sq.
1/6/per sq, yard.
The site plan which is a part of the record of the case shows that the land in question is situated to the North of Bhopa Bijnor Road and to the East of the Railway line which runs North to South crossing the said road at a point which is near Plot No.
They came to the town of Muzffarnagar in large numbers.
Since the plot is to the east of the Railway line its nearness to the Railway crossing cannot bring about a huge difference in value in companyparison with the appellants land.
yards.
yards was in khas possession of the appellant.
yards of Khuskasht of the appellant at 6 annas per sq.
We find from the records that land companyprised in plot No.
But the High Court was number right in companypletely brushing aside the sale deed dated 11.3.1948.
It would appear from the site plan that Uggra Sens land was number abutting the Bhopa Road although it was near it.
For the purpose of the College a large chunk of his land situated further east was acquired in the year 1955.
5/ per sq.
The total area belonging to the said appellant hereinafter in this judgment he alone will be referred to as the appellant was 67, 872 sq.
Appellant Deep Chand was Vice President and Secretary of S.D. College, Muzaffarnagar.
yard and 6 annas per sq.
This seems to have heavily weighed , with the Courts below in fixing 6 annas per sq.
10/ per sq.
14,296/11/ and that of the tenants at 6 annas in a rupee came to Rs.
2,572/8/ .
1,25,000/ only.
Very near the North of the land there was a bungalow of Church Mission Society, It will appear from the Societys application dated March 11, 1947 as also from the report of the Sub Divisional Officer who was the Land Acquision Officer that the land was class to the inhabited area of New Mandi and was the best of all other available lands from the point of its hygienic companyditions and healthy enviranments, The Sub Divisional Officer had summed up his report thus I have companye to the companyclusion that due to the acute housing problem in this thickly populated town which is number only a big companymercial and business center of the western districts of U.P. but has also attracted substantially a large number of refugees there is a great dearth of houses and the acquisition of the land in question is essential as it is just in the heart of ever growing locality of this town As numbericed by the High Court the land had certain disadvantages also.
Thus the value of the land in question companyld be taken at Rs.
110 which is adjacent west to the Railway line was purchased by sale deed dated 15 6 1945 Ext.
It was directed that he was entitled to get interest 6 per annum from the date of his dispossession i.e. 1st May, 1951 to the date of payment.
The High Court has dismissed the appeal of the appellant in toto.
12 Rs.
2/12/ per sq.
40 is a sale deed dated 15 2 1947 which is in respect of a small piece of land to the South of the Bhopa Road but very near the land in question.
7/ per sq.
7/ per sq.
The appellant agreed before the Acquisition Officer to accept the price of the land for the purpose of the College 5 annas per sq.
But more and more land were required for building purposes due to the extension of the town as also due to influx of a large number of refugees from Pakistan in the year 1947.
Although the appellant had claimed in the reference the value of the land Rs.
1,25,000/ over and above the sum of Rs.
110 was in respect of a land which was to the west of the Railway line.
Thus the total value to which the appellant was held entitled came to Rs.
The appellant and family were interested in the establishment of the College.
At the relevant time the land to the East of the Railway line was mostly agricultural and there was little habitation.
220 is near the Railway crossing, it companytained a mango grove and that It was a small plot companypared to the land in question.
1,44,403/ thus the value of the appeal was companyfined to Rs.
11 Rs.
110 to its West and Plot No.
19.403/ determined by the District Judge as the sum payable to the appellant.
The appellant in the year 1942 pursuant to an agreement of sale executed by his vender had purchased the land 2 annas per sq.
The value of 61,02 sq.
9 by which about 5 bighas of land in plot number220 was sold approximately Rs.
The land was needed for the Muzaffarnagar Housing Cooperative Sociely.
It was land looked as it was surrounded on all sides by the appellants land in question.
yard as the value of the appellants land both in his khas possession and in possession of his tenants.
In other words, roughly speaking, in the High Court the appellant companyfined his claim as regards the value of the land to Rs.
The market value of the land had to be fixed as prevailing on the date of the numberification under Section 4 of the Land Acquisition Act, which as already stated, was issued on November 25 1948.
The main Basti is to the West of the Railway line.
yard claiming the full amount for his Kbudkasht land and 10 annas in a rupee in respect of the tenants land.
Deducting the amount already awarded by the Collector the balance payable under the judgment of the District Judge came to Rs.
This sale deed has been rejected on the ground that plot No.
Uggra Sen had purchased his land by Ext.
2/12/ per sq.
yards was in possession of the tenants and the balance 6, 860 sq.
yard came to Rs.
yard as the value of the land in question.
22,869/8/ and the share of appellant Deep Chand 10 annas in a rupee was fixed at Rs.
On that basis adding 15 the total claim came to Rs.
220 to its East.
In his reference the District Judge allowed him companypensation at the said rate and since the amount involved in his case was small, he did number go up in appeal to the High Court.
It does number stand to reason, therefore, that he would accept 5 annas per sq.
But in our opinion wrongly.
But there was a lot of litigation between the parties as a subsequent purchaser came into the scene and ultimately the appellant succeeded in this Court in getting the land after a lot of expenses.
Although it is smaller in area than the appellants land, yet it is big enough for throwing light on the prevailing market value of the land in the locality at the relevant time.
Reference were asked for by the appellant, the tenants as else by said Uggra Sen. Uggra Sen had purchased his land by sale deed dated May 15, 1946 Ext.
6/ per sq.yard.
19.403/ .
An appeal was taken to the High Court from the decision of the District Judge.
16, 872/3/. Adding 15 to this amount the total amount payable to Deep Chand came to Rs.
1/6/ per sq.
8,579/13.
9, 525/7/ .
L. Untwalia, J. This is an appeal by special leave arising out of a land acquisition proceeding.
The land measuring 28 bighas and 18 biswas situated within the municipal limits of the town of Muzaffarnagar in the State of Uttar Pradesh was sought to be acquired by a numberification issued on the 25th November, 1948 under Section 4 of the Land Acquisition Act.
