Full Judgment Text
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PETITIONER:
SANT RAM AND ORS.
Vs.
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT21/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
PARIPOORNAN, K.S.(J)
CITATION:
1996 SCC (7) 210 1995 SCALE (7)137
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NO. 11538 OF 1995
(Arising out of SLP (C) No.14912 of 1989)
O R D E R
C.A. NO.241/85
Notification under Section 4(1) of the Land Acquisition
Act, 1894 (for short, ‘the Act’) was published in the Union
Gazette on February 21, 1973. The Collector in his award
dated May 25, 1974 determined the compensation @ Rs.4,280/-
per Bigha rounded to Rs.50/- per sq. yd. The Additional
Judge by his award and decree dated August 8, 1978,
enhanced the compensation to Rs.6,420/- per bigha. The High
Court further enhanced it in appeal by judgment and decree
dated July 10, 1984 to Rs.12,000/- per bigha. Still
dissatisfied therewith, the appellants filed this appeal by
special leave.
Shri P.P. Juneja, learned counsel appearing for the
appellants contends that this Court in Gokal vs. State of
Haryana [(1992) Supp 2 SCC 69] had taken judicial notice of
constant rise in the prices and fixed the market value at
different rates depending upon the year of acquisition. The
appellants’ lands are also situated within the master plan
of the Delhi Development Authority. They are also entitled
to compensation @ Rs.13 per sq. yd. In Jailal & Ors. vs.
Union of India C.A. No.830/81 decided on February 23, 1981,
this Court found that the market-value of Nangal Dewat
notified under Section 4(1) published on December 3, 1971
would fetch @ Rs.13/- per sq. yd.
Having given consideration to the pursuasive arguments
of Mr. P.P. Juneja, we think it is difficult to accept the
contention. It is seen that for the lands in Shahbad
Mohammeddpur village which is now part of the lands in this
case, compensation was determined @ Rs.12/- per sq. yd.,
i.e.,Rs.12,000/- per bigha. The lands are claimed to be on
par with the lands in Nangal Dewat. But when the lands in
the entire village has been determined at Rs.12/- per sq.
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yd., we do not think we would be justified in further
increasing the compensation to the appellants’ lands on mere
pursuing the remedy by way of appeal.
The appeal is accordingly dismissed. No costs.
IN C.A /95.
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(@ SLP (C) No. 14912/89)
Leave granted.
In view of the above judgment made in C.A. No. 241 of
1985, the appeal is dismissed. No costs.