Sant Ram and Ors. Vs. Union of India
EmailAppeal: Civil Appeal No. 241 of 1985.
With
Civil Appeal No. 11538 of 1985.
(Arising out of SLP (C) No. 14912 of 1989)
With
Civil Appeal No. 11538 of 1985.
(Arising out of SLP (C) No. 14912 of 1989)
Petitioner: Sant Ram and Ors.
Respondent: Union of India
Apeal: Civil Appeal No. 241 of 1985.
With
Civil Appeal No. 11538 of 1985.
(Arising out of SLP (C) No. 14912 of 1989)
With
Civil Appeal No. 11538 of 1985.
(Arising out of SLP (C) No. 14912 of 1989)
Judges: K. RAMASWAMY & K.S. PARIPOORNAN, JJ.
Date of Judgment: Nov 21, 1995
Head Note:
LAND ACQUISITION Act, 1894:
Compensation- Plea for higher compensation equivalent to compensation fixed in other cases by the Court – Held compensation already fixed for the lands in question at Rs. 12 per sq. yard and cannot be disturbed – Appeal dismissed.
JUDGEMENT:
O R D E R
C.A. No. 241/85.
1. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was published in the Union Gazette on February 21, 1973. The Collector in his award dated May 25, 1974 determined the compensation @ Rs. 4,280/- per Bigha rounded to Rs. 50/- per sq. yd. The Additional Judge by his award and decree dated August 8, 1978, enhanced the compensation to Rs. 6,420/- per bigha. The High Court further enhanced it in appeal by judgment and decree dated July 10, 1984 to Rs. 12,000/- per bigha. Still dissatisfied therewith, the appellants filed this appeal by special leave.
2. Shri P.P. Juneja, learned counsel appearing for the appellants contends that this Court in Gokal v. State of Haryana ((1992) Supp 2 SCC 69) had taken judicial notice of constant rise in the prices and fixed the market value at different rates depending upon the year of acquisition. The appellants’ lands are also situated within the matter plan of the Delhi Development Authority. They are also entitled to compensation @ Rs. 13 per sq. yd. In Jailal & Ors. v. Union of India C.A. No. 830/81 decided on February 23, 1981, this Court found that the market-value of Nangal Dewat notified under Section 4(1) published on December 3, 1971 would fetch @ Rs. 13/- per sq. yd.
3. Having given consideration to the pursuasive arguments of Mr. P.P. Juneja, we think it is difficult to accept the contention. It is seen that for the lands in Shahbad Mohammedpur village which is new part of the lands in this case, compensation was determined @ Rs. 12/- per sq. yd., i.e., Rs. 12,000/- per bigha. The lands are claimed to be on par with the lands in Nangal Dewat. But when the lands in the entire village has been determined at Rs. 12/- per sq.yd., we do not think we would be justified in further increasing the compensation to the appellants’ lands on mere pursuing the remedy by way of appeal.
4. The appeal is accordingly dismissed. No costs.
IN C.A. 11538/95. (@ SLP (C) No. 14912/89)
5. Leave granted.
6. In view of the above judgment made in C.A. No. 241 of 1985, the appeal is dismissed. No costs.
C.A. No. 241/85.
1. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was published in the Union Gazette on February 21, 1973. The Collector in his award dated May 25, 1974 determined the compensation @ Rs. 4,280/- per Bigha rounded to Rs. 50/- per sq. yd. The Additional Judge by his award and decree dated August 8, 1978, enhanced the compensation to Rs. 6,420/- per bigha. The High Court further enhanced it in appeal by judgment and decree dated July 10, 1984 to Rs. 12,000/- per bigha. Still dissatisfied therewith, the appellants filed this appeal by special leave.
2. Shri P.P. Juneja, learned counsel appearing for the appellants contends that this Court in Gokal v. State of Haryana ((1992) Supp 2 SCC 69) had taken judicial notice of constant rise in the prices and fixed the market value at different rates depending upon the year of acquisition. The appellants’ lands are also situated within the matter plan of the Delhi Development Authority. They are also entitled to compensation @ Rs. 13 per sq. yd. In Jailal & Ors. v. Union of India C.A. No. 830/81 decided on February 23, 1981, this Court found that the market-value of Nangal Dewat notified under Section 4(1) published on December 3, 1971 would fetch @ Rs. 13/- per sq. yd.
3. Having given consideration to the pursuasive arguments of Mr. P.P. Juneja, we think it is difficult to accept the contention. It is seen that for the lands in Shahbad Mohammedpur village which is new part of the lands in this case, compensation was determined @ Rs. 12/- per sq. yd., i.e., Rs. 12,000/- per bigha. The lands are claimed to be on par with the lands in Nangal Dewat. But when the lands in the entire village has been determined at Rs. 12/- per sq.yd., we do not think we would be justified in further increasing the compensation to the appellants’ lands on mere pursuing the remedy by way of appeal.
4. The appeal is accordingly dismissed. No costs.
IN C.A. 11538/95. (@ SLP (C) No. 14912/89)
5. Leave granted.
6. In view of the above judgment made in C.A. No. 241 of 1985, the appeal is dismissed. No costs.
