Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
SMT. INDIRA SOHAN LAL (DEAD) BY LRS.
Vs.
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT: 25/10/1996
BENCH:
K. RAMASWAMY, S.P. KURKUKAR
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
Notification under Section 4(1) of the Land Acquisition
Act, 1894 (for short, the ’Act’) was published on January
23, 1965 acquiring about 14,000 bighas of land in Kalkaji,
Tughalakabad for planned development. The dispute in the
present proceedings relates to 38 bighas, 5 biswas of the
land. The District Collector awarded compensation @ Rs.
700/- per bigha for lands with deep pits of 8 to 10 ft. The
reference Court enhanced the compensation @ Rs. 4000/- per
bigha. The High Court enhancing the compensation @
Rs.7,000/- per bigha for land with pits and for the levelled
hand, Rs. 17,000/- per bigha and deducted 1/3rd towards the
development charges and determined the compensation
accordingly.
Shri Mukul Mudgal, learned counsel for the appellant,
contended that the High Court having enhanced that
compensation to Rs. 40,000/- per bigha for the levelled up
land in a similar case, compensation @ Rs.7,000/- per bigha
for the land with pits of a depth of 8 to 10 feet is
illegal. It is contended, on the other hand, by the learned
counsel for the respondents that the compensation awarded by
the High Court @ Rs.7,000/- per bigha for the land with deep
pits of 8 to 10 feet is just and adequate. There is no
warrant to enhance the compensation. He also states that the
High Court had granted compensation for the levelled up land
@ Rs. 40,000/- per bigha and deducted 1/3 but the lands in
question is not on the same parity. The lands are clearly
required to be developed to bring on par with levelled land
and huge amount is required for development. Under those
circumstances, there is no warrant to further enhance the
compensation.
In view of the rival contentions, the question for
consideration is: whether the grant of Rs. 7,000/- per bigha
for the land, admittedly, with the deep pits of an extent of
8 to 10 feet requires further enhancement of the
compensation ? It is not in dispute that the compensation
granted @ Rs. 40,000/- per bigha was only in respect of a
small piece of land. In all the other case compensation @
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
Rs. 7,000/- per bigha of the land in which there are deep
pits of the depth 8 to 10 feet has been awarded and become
final. The lands require development and expenditure in that
behalf is needed. The High Court has considered all the
relevant facts and found that uniform rate of Rs.7,000/- per
bigha for the land with deep pits of 8 to 10 feet depth
would be the proper compensation. In the absence of any
compelling material, nor the High Court refused to advertto,
we cannot enhance the compensation from that awarded by the
High Court which was not challenged by the Union of India.
Under these circumstances, we do not find any circumstance
warranting any interference.
The appeal is accordingly dismissed. No costs.