MEHARBAN AND ORS. ETC. ETC. versus THE STATE OF U.P. AND ORS.

Citation: [1997] 3 S.C.R. 1149 · Decided: 30-04-1997 · Supreme Court of India · Bench: K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK · Disposal: Appeal(s) allowed
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Judgment (excerpt)

MEHARBAN AND ORS. ETC. ETC. 
v. 
THE STATE OF U.P. AND ORS. 
APRIL 30, 1997 
[K. RAMASWAMY, S. SAGHIR AHMAD AND 
G.B. PATTANAIK, JJ.] 
Land Acquisition Act, 1894 : 
A 
B 
Compensatiort--Land acquired for planned development of Meerut C 
Cit~-Determination of compensation-Held, since none connected with the 
sale deeds was examined, sale deeds are inadmissible in evidence and stand 
excluded-Market value @ Rs. 175 per sq. yd. Rs. 85 sq. yd. and Rs. 85 per 
sq. yd. determined after giving deduction for development charges for the 
lands acquired under three different Notifications-Claimants entitled to 
benefits of Amendment Act 68 of 1984. 
D 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8196 of 
1995 Etc. Etc. 
From the Judgment and Order dated 12.1.95 of the Allahabad High 
Court in F.A. No. 1055 of 1992. 
V.R. Reddy, Additional Solicitor General, Shanti Bhushan, Raju 
Ramachandran, A.B. Rohtagi, S.S. Ray, Sunil Kr. Jain, J.K. Bhatia, Sanjeev 
Anand, A. Suhrawardy, Zaki Ahmad Khan, Shamamma Anis, Manoj 
Swarup, Jayant Bhushan, Dheer Singh, Ranjan Mukherjee, J.M. Sharma, 
S.S. Jauhar, Meenakshi Arora, S.S. Tiwari, Sanjeev Anand, A.K. Goel, S. 
Markandeya, Chitra Markandeya, B. Dayal, M. Aggarwal, (S.K. Sinha) 
(NP) and Prashant Kumar for the appearing parties. 
The following Ord~r of the Court was delivered : 
In case pertaining to the village dantal, leave confined to the question 
of interest, stands revoked. 
Delay condoned. 
We have heard learned counsel on both sides. 
1149 
E 
F 
G 
H 
1150 
SUPREME COURT REPORTS 
[1997) 3 S.C.R. 
A 
Leave granted in all the matters except where the appeals are already 
on record. 
The Notification in respect of the lands of an extent of 235.95 acres 
of lands situated in village Quasimpur Nagla Tashi was issued on August 
B 14, 1987 under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) 
(for short, the 'Act') for planned development of Meerut City. The Land 
Acquisition Officer awarded compensation, under Section 11, on February 
22, 1990 at the rate of Rs. 550 per sq. yard. On reference under Section 
18, the Additional District Judge passed the award and decree dated May 
C 11, 1992 awarding compensation at the rate of Rs. 240 per sq. yd. 
Feeling aggrieved by the said judgment, when the Development 
Authority and the Government filed appeals followed by the cross appeals 
by the claimants, the High Court in the judgment dated January 12, 1995 
D reduced the compensation to Rs. 75 per sq. yard. Thus, these appeals. 
In respect of the lands situated in Mukarabpur Palhera admeasuring 
416.5 acres, the notification under Section 4(1) of the Act was published 
on February 12, 1980. The Land Acquisition Officer in his award dated 
E January 9, 1988 made a belting and awarded compensation for the first 
belt, i.e., land admeasuring 34.46 acres at the rate of Rs. 30 per sq. yard 
and for the second belt, i.e. land admeasuring 368.32 acres, at the rate of 
Rs. 11.25 per sq. yard. On reference, Additional District Judge awarded 
compensation for the land admeasuring 33.45 acres falling in first belt at 
the rate of Rs. 70 per sq. yard by his award and decree dated May 7, 1990; 
F for the land admeasuring 3.53 acres falling in second belt at the rate of Rs. 
37.50 per sq. yard; and for land admeasuring 16.38 acres of the second belt 
he awarded compensation at the rate of Rs. 70 per sq. yard. In his another 
award dated December 18, 1991 for the land admeasliring 1.99 acres 
covered in the second belt he awarded compensation at the rate of Rs. 100 
G per sq. yard. On appeals, the High Court reduced the compensation for 
the first belting to Rs. 55 per sq. yard by judgment and decree· dated 
December 20, 1994 and for the second belting at the rate of Rs. 30 per sq. 
yard. With regard to 1.99 acres of land falling in the second belt. by second 
award compensation was reduced to Rs. 65 per sq. yards by the judgment 
H dated March 20, 1995. 
MEHARBAN v. STATE 
1151 
In respect of an extent of 105.23 acres of the land situated in village A 
Dantal, the notification under Section 4(1) of the Act was published on 
June 11, 1985. Possession was taken on June 16, 1985, of an area of 53.5 
acres and compensation was awarded for 1.03 acre of land in the first -
belt at the rate of Rs. 37.5 per sq. yard and for 52.45 acres of land falling 
in the secom.I belting at the rate of Rs. 28.13 per sq. yard. On reference, 
the Additional District Judge granted compensation by award dated 
31
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