Mir Singh & Ors. Vs. Union of India
EmailAppeal: Civil Appeal No.282 Of 1985
Petitioner: Mir Singh & Ors.
Respondent: Union of India
Apeal: Civil Appeal No.282 Of 1985
Judges: K. RAMASWAMY & K.S. PARIPOORNAN, JJ.
Date of Judgment: Nov 22, 1995
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 23 – Compensation – High Court awarded uniform rate to all the lands – There was no justification to distinguish the other cases from that of the appellants to grant enhanced compensation – Appeal dismissed.
JUDGEMENT:
O R D E R
1. In this case, notification under Section 4(1) of the Land Acquisition acquiring a large extent of land of 966 bighas was published on October 24, 1961. Ultimately, the High Court granted @ Rs.12/- per sq. yd., i.e., Rs.12,000/- per bigha. The High Court followed the decision in Sanwalia & Ors. v. Union of India. It is stated by Mr. P.P. Juneja, learned counsel for the appellants, that the notification of the lands covered in the Sanwalia’s case is July 13, 1959. Since the notification of the appellants’ land is of October 19, 1961, they are entitled to higher compensation due to lapse of time. We find it very difficult to accept the contention. The High Court has awarded the uniform rate to all the lands at Rs.12,000/- per bigha, i.e., Rs.12/- per sq. yd. We do not find any much justification to distinguish the other cases from that of the appellants to grant enhanced compensation. The appeal is, therefore, dismissed. No costs.
1. In this case, notification under Section 4(1) of the Land Acquisition acquiring a large extent of land of 966 bighas was published on October 24, 1961. Ultimately, the High Court granted @ Rs.12/- per sq. yd., i.e., Rs.12,000/- per bigha. The High Court followed the decision in Sanwalia & Ors. v. Union of India. It is stated by Mr. P.P. Juneja, learned counsel for the appellants, that the notification of the lands covered in the Sanwalia’s case is July 13, 1959. Since the notification of the appellants’ land is of October 19, 1961, they are entitled to higher compensation due to lapse of time. We find it very difficult to accept the contention. The High Court has awarded the uniform rate to all the lands at Rs.12,000/- per bigha, i.e., Rs.12/- per sq. yd. We do not find any much justification to distinguish the other cases from that of the appellants to grant enhanced compensation. The appeal is, therefore, dismissed. No costs.
