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5. The facts leading to acquisition and determination of the amount of compensation in the instant appeals are being stated. Smt. Pramod Gupta & Ors., respondents in RFA 85/87 and 86/87 were bhumidar of1/4 undivided share in the entire holding of village Masoodpur. Similarly Shri Rajiv Gupta & Ors., respondents in RFA 83/87 and 84/87 were bhumidars/owners of1/8 undivided share in the joint holding of the entire village Masoodpur. Feeling dis-satisfied with award Nos.2040 and 2225 respectively Smt. Pramod Gupta & Ors. filed reference petitions under Section 18 of Land Acquisition Act. Surinder Gupta, the predecessor in interest of respondent Rajiv Gupta & Ors. filed two reference petitions under Section 18, feeling aggrieved with award Nos.2040 and 2225 respectively. These were, therefore, assigned separate number by the Land Acquisition Collector. Surinder Kumar Gupta was substituted firstly by Ratan Lal Gupta and later on by Rajiv Gupta & Ors. in the two reference petitions.

60. PW1 Shri S.S. Das, Dee. Collector (Mines), Indian Bureau of Mines, in charge of Dehradun Office deposed that china clay, mica, quartz, beryl are embedded in the acquired land in village Masoodpur. He stated that the china clay is principally used for potteries and is also used in textile, papers and rubber industries. According to him associated minerals are mostly used for gem stones and also for other minor use. As per his estimate the reserve of china clay in the area of village Masoodpur covered under the lease of Shri C.P. Dutta was to the extent of 17,049.120 MTS in an area of 1155 bighas in the year 1971. The reserve of china clay in the year 1961 in that area of village Masoodpur was to the extent of 17,96,000 MTS. In the year 1965 it must have been 17,78,000 MTS. He further deposed that on the basis of the reports the average price per Metric Ton was about Rs.15.48 per MT for crude china clay and the value of the china clay at the mouth of the pit in 1950 was about Rs.8/- per MT.

61. P.W.4 Shri S.K. Chaudhary, Regional Controller(Mines), in charge ofMines, Control and Conservation Division, North Division, Indian Bureau of Mines, Nagpur, deposed that there are no geological reports prepared in the office but the monograph on china clay published in April, 1968 was to the effect that one acre of land contains 3,12,800 MTS of china clay. It was so stated in the annual returns also submitted by Shri C.P. Dutta to the Mines Department. He further deposed that "in the annual return of1977 submitted to the Indian Bureau of Mines the reserve figure had been quoted by Mr. C.P. Dutta to the extent of one lac MT up to 12 metres depth. The estimated reserve to the extent of 2.5 lacs MTS up to to 20 metres depth in one acre. He further deposed that lease area with Mr. C.P. Dutta was to the extent of 452 acres in three villages namely Masoodpur, Mahipalpur and Rangpuri and the officer concerned had estimated there serve the china clay in this area to the extent of 2 lacs MTS per acre. In the revision application submitted under Rule 5A of minor mineral concession Rules under section 30 of the Mines& Mineral Regulation Act, 1957 by Shri C.P. Dutta to the Under Secretary, Govt. of India, Ministry of Steel and Mines he had quoted the khasra numbers on lease with him to the extent of 1155 bighas in village Masoodpur.

78. Respondents' plea is that the lands in question adjoined Vasant Vihar, a very posh residential colony. It was also in close vicinity of Diplomatic Enclave Extension, also known as West End, which is on the other side of the road from Vasant Vihar and the approximate distance between the two is about 150 feet. The distance between the acquired land and West End is approximately 500 yards or at the most 800 yards. The acquired land on the Eastern side was also in close vicinity to Indian Institute of Technology. PW-2Shri Balwant Singh, village Patwari, Halqa Mehrauli gave the topography of the acquired land of village Masoodpur in the north village Ber Sarai, Munirka, Kasumpur, Moradabad Pahri, Katwaria Sarai. Land of village Moradabad Pahari is comprised in Vasant Vihar. R.K. Puram is situated in the land of village Munirka. He has further deposed that "khasra numbers in dispute are very close to R.K. Puram and Vasant Vihar. Boundaries of these khasra numbers adjoin these colonies". No cross examination was made on behalf of Union of India and no challenge was made to this statement. Learned counsel for the respondents urged that as this witness is the concerned Patwari of the Revenue estate of village Masoodpur, an official witness and his statement being truthful, the Union of India appellant neither made any cross examination, nor even challenged his testimony before the reference court, as such the testimony of this witness has to be accepted as true.