Full Judgment Text
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PETITIONER:
NAWAL SINGH & ORS. ETC. ETC.
Vs.
RESPONDENT:
UNION OF INDIA ETC. ETC.
DATE OF JUDGMENT25/07/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (3) 315 JT 1995 (6) 100
1995 SCALE (4)695
ACT:
HEADNOTE:
JUDGMENT:
THE 25TH DAY OF JULY, 1995
Present:
Hon’ble Mr. Justice K. Ramaswamy
Hon’ble Mr. Justice K. S. Paripoornan
Mr. U.N.Bachawat and Mr. K.Madhava Reddy, Sr. Advs.
Mr. Ranbir Yadav, Mr. P. Gaur, Mr. Rishi Kesh, Mrs.
Hemantika Wahi,
Advs., (Mr. Manoj Prasad, Mr. H.M.Singh, Mr. Anis Ahmed
Khan,
and Mr. J.D.Jain, Advs. (Not Present) Advs. with them for
the appearing parties.
ORDER
The following Order of the Court was delivered:
Nawal Singh & Ors. etc. etc.
Vs.
Union of India etc. etc.
And
C.A. NOS 2525, 2524, 2970, 2823, 1895/80, 1577, 3112
1376/81 3151/80 3758/82 1784/81 1375/81 AND 7048/95
(Arising out of SLP (C) No. 2161/81)
ORDER
C.A. No.2130 of 1980
Notification under s.4(1) of the Land Acquisition Act
was published on November 13, 1959 acquiring 1876 Bighas 9
Biswas land situated in Jwalaharior planned development of
Delhi. The Land Acquisition Collector classified the lands
as A,B, C block and awarded @ Rs. 1400/- and Rs.1000/- per
bigha respectively. On reference under s.18 of the Act, the
Additional District Judge by his Award and Decree dated
September 8, 1979 further enhanced the compensation to
Rs.4250/- 3200/- and 2150/- per bigha respectively. The High
Court, on appeal, further enhanced the compensation to
Rs.5250/- 4000/- and 3000/- respectively. Not being
satisfied with the enhanced compensation awarded by the High
Court, the claimants have filed these appeals under s.54 of
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the Act claiming enhanced compensation @ Rs.9.000/- per
bigha.
The High Court found that there are no sale
transactions in the village Jwalahari other than one sale
transaction in village Madipur which is said to be adjacent
to the village Jwalahari that sale deed was dated April 20,
1959 just before the Notification. An extent of 1472.22 sq.
yards was sold in Khasra No.828 for a consideration of
Rs.7726/- which worked out at Rs.5250/- per bigha. Based
thereon, the High Court has enhanced the compensation. It is
now a settled principle that the price of a small extent of
land cannot form the sole basis for fixation of higher
compensation when a large track of land is acquired. Since
the State did not file any appeal. we need not go into the
correctness of the finding recorded by the High Court.
Suffice it to state that there is no other evidence on
record for us to further enhance the compensation.
It is next contended that the High Court having made a
distinction between the owner and the mortgagee and enhanced
25% extra compensation to the owner, committed a grave error
of law in not awarding the same to the appellants. We find
no discernible principle made by the High Court to further
enhance 25% more to the owner while awarding the market
value to the mortgagee. Under these circumstances, we do not
find any legal principle warranting further enhancement of
25% extra compensation. The appeals are accordingly
dismissed but, in the circumstances, without costs.
All application for substitutions consolidation and
reduction of security are allowed.
C.A. Nos. 2525, 2524, 2970, 2823, 1895/80, 1577, 3112,
1376/81 3151/80 3758/82 1784/81 1375/81 and C.A.
Leave granted in S.L.P. No. 2161 of 1981.
Following the order made just now in C.A. 2130/80 these
appeals shall stand dismissed. NO costs.