Full Judgment Text
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PETITIONER:
SURAT SINGH (DEAD) BY LRS. & ORS. ETC
Vs.
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT: 13/08/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
MAJMUDAR S.B. (J)
CITATION:
1996 SCALE (6)230
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NO.84 OF 1986
Malli & Ors.
V.
Union of India
O R D E R
This case relates to the notification issued under
Section 4(1) of the Land Acquisition Act, 1894 published on
October 24, 1961. The Land Acquisition Officer in his award
dated December 16, 1964 granted compensation at the
Rs.2,000/- per bigha. On reference, the Additional District
Judge by his award and decree dated May 20, 1970 enhanced
the compensation varying between Rs.2,000/- to Rs.3,000/-
per bigha in respect of ABC Blocks. The High Court in the
impugned judgment dated September 11, 1984 enhanced the
compensation to the uniform rate of Rs.7,000/- per Bigha.
Dissatisfied therewith, the claimants have filed these
appeals.
Though there is some force in the contention of learned
senior counsel for the appellants that there is a difference
between the earlier cases and this case, since the
notification in the earlier cases dated back to 1959 and
this notification to 1961, the sale instances relating to
the small pieces of land cannot be solely relied upon when
lands of an extent of around 16000 and odd bighas is
acquired. There is no proof of these sale transactions.
Moreover, even if they were true, 1/3rd of the value towards
development charges has to be deducted. This exercise was
not done. Even if it is done, the appellant will get less
then what was awarded by the High Court. Under these
circumstances, we are not inclined to interfere with the
judgment and order made by the High Court since the State
did not file any appeal.
The appeals are accordingly dismissed. No costs.
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