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2. Brief Facts:-

2 of 40 Neutral Citation No:=2025:PHHC:034905 RFA-1255-2023 (O&M) & other connected cases -3- 2.1 The land owners as well the beneficiary of the acquisition, namely, the Nuclear Power Corporation of India Limited (hereinafter referred to as 'NPCIL') have filed the appeals challenging the assessment of market value. The owners claimed enhancement, whereas, NPCIL claims reduction in the market value assessed by the RC.

This parcel of land has been sold @ Rs.3,75,000/- per acre on 04.02.2008.

4.11 Once, the NPCIL has produced sale instances of the acquired land itself, it was not appropriate for the RC to rely upon the sale instance of a very small tiny plot of 91 sq. yard located in different village i.e. Kumharia. It is evident that the beneficiary of the acquisition has produced as many as 31 sale deeds, which show that even before or after the date of notification under Section 4 of the Act, the market value of the land in villages Gorakhpur, Kajalheri or Badopal was nowhere near Rs. 25,00,00/- as already awarded by the Land Acquisition Collector. In fact, if we carefully examine the tabulated compilation, it appears that on 05.04.2011,17 kanals 06 marlas land was sold @ Rs.12,00,000/- per acre in village Gorakhpur. Similarly, on 14.06.2011, 15 kanals 03 marlas uncultivable land was sold @ Rs. 9,00,000/- per acre. Similar is the position of sale instance dated 22.03.2011. In village Badopal, sale instances Exhibits R/57, 58 and 60 prove that even after issuance of 19 of 40 Neutral Citation No:=2025:PHHC:034905 RFA-1255-2023 (O&M) & other connected cases -20- notification under Section 4 of the Act, the price of the land was nowhere near Rs.20,00,000/- per acre. It was not appropriate for the RC to ignore the sale instances produced by the NPCIL on the basis of Section 25 of the Land Acquisition Act, 1894 (hereinafter referred to as 'of the Act'). In fact, the Court has erred in interpreting Section 25 of the Act, which nowhere prohibits taking into consideration the sale deeds reflecting lower price than the market value assessed by the Land Acquisition Collector while assessing the market value.

38. RFA-350-2023 CHIEF PROJECT ENGINEER, OM PARKASH AND ORS.

NPCIL MUMBAI

39. RFA-349-2023 CHIEF PROJECT ENGINEER, PREM CHAND AND ORS NPCIL MUMBAI

40. RFA-340-2023 CHIEF PROJECT ENGINEER, KRISHNA AND ORS NUCLEAR POWER CORP. OF INDIA, MUMBAI

41. RFA-342-2023 CHIEF PROJECT ENGINEER JAGDEEP AND OTHERS NUCLEAR POWER CORPORATION OF INDIA LIMITED

NPCIL MUMBAI

106. RFA-332-2023 CHIEF PROJECT ENGINEER, PHULLI DEVI AND ANR.

NPCIL MUMBAI

107. RFA-331-2023 CHIEF PROJECT ENGINEER, KAMAL DEEP ( MINOR ) NUCLEAR POWER AND ORS CORPORATION OF INDIA LTD , MUMBAI

108. RFA-329-2023 CHIEF PROJECT ENGINEER, BALWAN AND ORS NUCLEAR POWER CORPORATION OF INDIA LTD , MUMBAI