Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3268-3269 OF 2011
ABHINASH CHAND & ORS. Appellant(s)
VERSUS
STATE OF HIMACHAL PRADESH & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. An extent of 51 marlas of land was acquired by
the first respondent for the purpose of Railways.
The Land Acquisition Collector awarded compensation
of Rs. 1050 per marla against the claim of Rs.6,000/-
per marla made by the appellants.
2. Dissatisfied, the appellants approached the
Reference Court and taking note of the average of
three exhibitables provided by the appellants, the
JUDGMENT
value was fixed at Rs. 7,900/- per marla.
3. Having heard the learned counsel appearing for
the appellants and Mr. R. S. Suri, learned senior
counsel appearing for the Railways and the learned
counsel appearing for the State of Himachal Pradesh,
we are of the view that the Reference Court was not
justified in ignoring the document dated 10.07.1984,
wherein the land value had been fixed at Rs. 9,000/-
per marla. The Reference Court itself has taken note
of the potential value of the land, since it is
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situated near to the District Hospital. We are
informed that the acquired land has since been
included in the Municipal limits. Since Section 4(1)
notification was of the year 27.12.1985, the
appellants shall also be entitled to more than 10%
increase.
4. Having regard to the entire facts and
circumstances of the case, we are of the view that
the interest of justice would be advanced and the
statutory requirements would also be met if the land
value is fixed at least at Rs. 10,000/- per marla.
5. The appeals are, accordingly, allowed by fixing
the land value at Rs. 10,000/- per marla.
6. The appellants shall also be entitled to all the
statutory benefits.
No costs.
.......................J.
[ KURIAN JOSEPH ]
JUDGMENT
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
March 02, 2016.
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