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PETITIONER: U.P.S.R.T.C., ALIGARH

       Vs.

RESPONDENT: STATE OF U.P. & ORS.

DATE OF JUDGMENT:       31/03/1997

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      These appeals by special leave arise from the orders of the Division  Bench of  the Allahabad  High Court  , made on October 17,1994 in F.A. No. 271/1994 and batch.      The  Notification   under  section  4(1)  of  the  Land Acquisition Act,  1894 (for  short, the "Act") was published on June  3,1979 acquiring  a total  extent of  24.9 acres of land for  public purpose,  namely, for establishment of road transport  depot.   The  Land  Acquisition  Officer  awarded compensation at  the rate  of Rs.11.25  per sq.  yard  .  On reference under  section 18   of  the  Act,  the  Additional District  Judge   by  his  award  and  decree  enhanced  the compensation  to  Rs.25/-  per  sq.  yard.  On  appeal,  the Division Bench  of the  High Court has dismissed the appeals on the ground of limitation. Thus, these appeals.      On our  direction the  learned counsel  for the parties have placed  on record  the  adduced  evidence.  It  is  now admitted position  that two  sale deeds  had been  filed  in support of the claim for higher compensation but neither the vendor not  the vender  has been  examined  to  substantiate those documents which is not the evidence legally admissible nor to  be considered.  The reference  Court  also  did  not properly consider  the claims  in the  legal  perspective  . Thus, we find that the approach adopted by the High Court as well as  the reference Court is not correct in Law. However, we are  not expressing  any opinion  on merits. we set aside the award  and decree of the reference Court and that of the Division Bench  of the High Court. The matter is remitted to the reference  Court with a direction to give opportunity to the parties  to adduce evidence afresh, consider the same in the light  of the  law laid  down buy  this Court  and  then decide the  compensation accordingly  within six months from the receipt of this order .      The appeals  are,  accordingly,  allowed  but,  in  the circumstances, without costs.