Union of India Vs. Ram Kishan
EmailAppeal: Civil Appeal No. 2369 of 2000
(Arising out of S.L.P. (C) No. 7539 of 1999)
(Arising out of S.L.P. (C) No. 7539 of 1999)
Petitioner: Union of India
Respondent: Ram Kishan
Apeal: Civil Appeal No. 2369 of 2000
(Arising out of S.L.P. (C) No. 7539 of 1999)
(Arising out of S.L.P. (C) No. 7539 of 1999)
Judges: S.B. MAJMUDAR & Y.K. SABHARWAL, JJ.
Date of Judgment: Mar 04, 2000
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894
Section 18 – Compensation – Notification dated 30.10.63 – Acquired land
to be compensated at Rs. 16,750/- per bigha as ruled in Civil Appeal
No. 4405 of 1997 decided on 6.8.98, and not at Rs. 25,000/- per bigha. Ordered that High Court order is modified and order of reference court is restored.
(Para 4)
JUDGEMENT:
ORDER
1. Delay condoned.
2. Leave granted.
3. A limited notice was issued on 12th May, 1999 to the respondent as under:
“Notice to issue on the application for condonation of delay.
Notice to issue on the special leave petition also to show cause why the special leave petition should not be disposed of in the light of the judgment of this Court in Civil Appeal No. 4405 of 1997.
There will be stay of execution of that part of the decree by which the High Court enhanced the market value.”
4. The respondent is served and has not thought it fit to appear and contest these proceedings presumably because the matter in controversy is squarely covered by the judgment of this Court in Civil Appeal No. 4405 of 1997 decided on 6th August, 1998 by which it was held that proper award of compensation for acquisition of lands pursuant to the notification dated 30th October, 1963 should be Rs. 16,750/- per bigha and not Rs. 25,000/- per bigha awarded by the High Court. Following the said decision, therefore, this appeal is allowed. The impugned order of the High Court is modified by directing that the respondent will be entitled to compensation for acquisition of his land at the rate of Rs. 16,750/- per bigha and not Rs. 25,000/- per bigha, meaning thereby, the judgment and order passed by the Additional District Judge under Section 18 of the Land Acquisition Act, 1894 shall stand restored.
5. No costs.
1. Delay condoned.
2. Leave granted.
3. A limited notice was issued on 12th May, 1999 to the respondent as under:
“Notice to issue on the application for condonation of delay.
Notice to issue on the special leave petition also to show cause why the special leave petition should not be disposed of in the light of the judgment of this Court in Civil Appeal No. 4405 of 1997.
There will be stay of execution of that part of the decree by which the High Court enhanced the market value.”
4. The respondent is served and has not thought it fit to appear and contest these proceedings presumably because the matter in controversy is squarely covered by the judgment of this Court in Civil Appeal No. 4405 of 1997 decided on 6th August, 1998 by which it was held that proper award of compensation for acquisition of lands pursuant to the notification dated 30th October, 1963 should be Rs. 16,750/- per bigha and not Rs. 25,000/- per bigha awarded by the High Court. Following the said decision, therefore, this appeal is allowed. The impugned order of the High Court is modified by directing that the respondent will be entitled to compensation for acquisition of his land at the rate of Rs. 16,750/- per bigha and not Rs. 25,000/- per bigha, meaning thereby, the judgment and order passed by the Additional District Judge under Section 18 of the Land Acquisition Act, 1894 shall stand restored.
5. No costs.
