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8. The Additional District Judge, who heard the reference under Section 18 was of the view that the acquired land had substantial value as a building site on the date of the notification houses were coming up in the vicinity of the Kasaridih abadi, which was hardly 250 yards away; the land had the frontage of Uttai-Durg Road and on the other side of the Road were poultry farm and bungalows of the Officers, quite adjacent to the East was Sim's Bakery; Kaley's bungalow and Garage were hardly 100 yards away to the West and Sector 9 of the Bhilai Steel Plant was only a mile and half to the East. The plots, the learned Judge said, were being sold in the vicinity of the Kasaridih abadi at the rate of Re. 1/- per square foot. Inderchand had sold plots to Bablani and Sonkaran at the rate of .75 Nps. and Re. 1/- per square foot respectively on 13-8-1960 and these plots were similarly situate, with alike advantages, being only 150 yards away to the East. These plots have the frontage of Uttai-Durg Road. The learned Judge accepted these sales to be genuine transactions and on that basis, worked out the compensation. According to him, the two plots on the road side measuring 11550 Sq. ft., should fetch the market value at the rate of Re. 1/- per Sq. ft. The rest of the area, he said, should be divided into two belts. The first belt of 19767 Square feet should be valued at the rate of .75 Nps. per Sq. ft. and the second belt of equal dimensions at the rate of .60 Nps. per Sq. ft. The learned Judge debited against the claimant an equal area of 19767 Sq. ft. for development and lay-out, to provide approach roads, drainage and other ancillary amenities.

9. Whereas the Land Acquisition Officer had made an award for Rupees 4761/- inclusive of 15% solatium, the Additional District Judge determined the compensation at Rs. 49651.50 Nps. (i.e. Rs. 38175.25 Nps. for the market value of the land, plus Rs. 5726.25 Nps. for 15% solatium, plus Rs. 5,000/- for the three temporary shades and other improvements made by the claimant). The excess amount of Rs. 44890.20 Nps. thus found, was made payable with interest at 6% P.A. from the date possession was taken.

10. The claimant and the Collector have both come up in appeal. The former wants enhancement of the compensation at the rate of Rs. 1.12 Nps. per Sq. ft. She contends that there was no valid justification in debiting against her, 1/3rd of her total area, for approach roads etc. According to her own plans, a proper development needed only 6250 Sq. ft. for approach roads and not 19767 Sq. ft. (as debited against by the Additional District Judge). She has filed a map Ex. P-11-C, showing the development she had in contemplation.

33. Not much harm, however, has been done, since the two earlier decisions of this Court, which had extensively dealt with the evidence relating to transactions, both genuine end collusive, and which had made its own award, could be looked into as best instance, comparable in time and quality.

34. In our view, the market value of the land should be assessed at Rupees 5500/- an acre, which would work out to Rs. 9075/-. We would not interfere with the Court's award of Rs. 5000 made for the sheds, culvert and other improvements. The evidence consisted of the uncorroborated testimony of Lajpatrai, husband of the claimant. [Nothing better could be awarded 15% solatium for compulsory acquisition would work out to Rs. 2111.25 Nps. The excess amount payable over and above that paid by the Land Acquisition Officer, comes to Rupees 11424.45 Nps., which shall have to be substituted for Rs. 44890.20 Nps., determined by the Additional District Judge. We order accordingly. The excess amount shall carry interest at 6% P.A. from the date the Collector took possession of the land till payment. In case the payment as per Additional District Judges's order has been made, the claimant shall have to refund the excess amount received.