Jhandoo (Dead) by Lrs. and Ors. Vs. Union of India
EmailAppeal: Civil Appeal No.281 of 1985
(From the Judgment and Order dated 23.7.84 of the Delhi High Court in R.F.A.No.281 of 1979)
(From the Judgment and Order dated 23.7.84 of the Delhi High Court in R.F.A.No.281 of 1979)
Petitioner: Jhandoo (Dead) by Lrs. and Ors.
Respondent: Union of India
Apeal: Civil Appeal No.281 of 1985
(From the Judgment and Order dated 23.7.84 of the Delhi High Court in R.F.A.No.281 of 1979)
(From the Judgment and Order dated 23.7.84 of the Delhi High Court in R.F.A.No.281 of 1979)
Judges: K.RAMASWAMY & G.B.PATTANAIK, JJ.
Date of Judgment: Aug 07, 1996
Appearances:
Mr.Prem Prasad Juneja, Advocate for the Appellant.
Mr.V.C.Mahajan, Senior Advocate and Mr.C.V.Subba Rao, Advocate with him for the Respondents.
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894
(i) Compensation – Atleast one third of market value to be deducted towards development charges – Adopting this settled law the award would fall below compensation actually allowed – No appeal by State. No interferences.
(ii) Section 54 Appeal to Supreme Court does not lie under S.54 of the Act – Appeal lies by special leave under Article 136 of Constitution.
JUDGEMENT:
O R D E R
1. This appeal arises from the judgment dated July 23, 1984 of the Division Bench of the Delhi High Court made in RFA No. 281 of 1979.
2. Notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the “Act”) acquiring a large extent of land was published on March 8, 1957. The land of the appellant admeas-uring one biga and 14 biswas formed part of that land. Reference Court relying upon judgment of the High Court in A.N.Bhandari v. Union of India (LPA No.81 of 1979 decided on May 1, 1990) awarded compensation @ Rs.10/- per square yard. On appeal, it was confirmed. The High Court relied upon a single sale deed in similar case in which market value had been fixed @ Rs.12/- per square yard. Therefore, the appellant also claimed that rate. Since he was not awarded the rate claimed by him, he has filed appeal in this Court challenging the impugned judgment of the High Court.
3. Shri Juneja, learned counsel for the appellant contended that the High Court, having found that the market value of the land in question could fetch was Rs.12/- per square yard, would have granted compensation at that rate. Though prima facie we find the contention plausible and acceptable, in view of the legal position that at least 1/3rd of the market value has to be deduced towards development charges and that the said considera-tion was not adopted in the case on which reliance is placed, the fact boils down that if the award is to be interfered with, the appellant would get less than what has been granted to him by the High Court. However, since the State has not filed any appeal and in the facts and circumstances of the case, we are of the view that it is not a case warranting interference.
4. The appeal under Section 54 of the Act would not lie to this Court. A reading of Section 54 would clearly indicate that the appeal shall lie in any proceedings under the act only to the High Court against the award and decree of the reference Court and further appeal to this Court would be under Article 136 of the Constitution read with Section 11, CPC, by way of special leave and not under Section 54 of the Act.
5. Accordingly, this appeal cannot be treated to be an appeal under Section 54 of the Act but one by special leave under Arti-cle 136. In either case, we do not find any ground warranting interference. Hence the appeal is dismissed. No costs.
1. This appeal arises from the judgment dated July 23, 1984 of the Division Bench of the Delhi High Court made in RFA No. 281 of 1979.
2. Notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the “Act”) acquiring a large extent of land was published on March 8, 1957. The land of the appellant admeas-uring one biga and 14 biswas formed part of that land. Reference Court relying upon judgment of the High Court in A.N.Bhandari v. Union of India (LPA No.81 of 1979 decided on May 1, 1990) awarded compensation @ Rs.10/- per square yard. On appeal, it was confirmed. The High Court relied upon a single sale deed in similar case in which market value had been fixed @ Rs.12/- per square yard. Therefore, the appellant also claimed that rate. Since he was not awarded the rate claimed by him, he has filed appeal in this Court challenging the impugned judgment of the High Court.
3. Shri Juneja, learned counsel for the appellant contended that the High Court, having found that the market value of the land in question could fetch was Rs.12/- per square yard, would have granted compensation at that rate. Though prima facie we find the contention plausible and acceptable, in view of the legal position that at least 1/3rd of the market value has to be deduced towards development charges and that the said considera-tion was not adopted in the case on which reliance is placed, the fact boils down that if the award is to be interfered with, the appellant would get less than what has been granted to him by the High Court. However, since the State has not filed any appeal and in the facts and circumstances of the case, we are of the view that it is not a case warranting interference.
4. The appeal under Section 54 of the Act would not lie to this Court. A reading of Section 54 would clearly indicate that the appeal shall lie in any proceedings under the act only to the High Court against the award and decree of the reference Court and further appeal to this Court would be under Article 136 of the Constitution read with Section 11, CPC, by way of special leave and not under Section 54 of the Act.
5. Accordingly, this appeal cannot be treated to be an appeal under Section 54 of the Act but one by special leave under Arti-cle 136. In either case, we do not find any ground warranting interference. Hence the appeal is dismissed. No costs.
