NIKKI Vs. UNION OF INDIA

JUDGEMENT

(1.) A notification under Section 4 (1 was published on 2/6/1978 acquiring 21.64 acres of land in Mauli Jagaram Village, near Chandigarh for establishment of a brick-kiln for Chandigarh Housing Board. The Landacquisition Collector in his award under Section II of the Act dated 12/7/1978 classified the land and awarded the compensation between Rs. 21,000. 00 a to Rs. 48,000. 00 per acre. On reference, the Additional District Judge in his award and decree dated 28/1/1980 had uniformly enhanced the compensation to Rs. 27,000. 00 per acre, without agreeing with the classification of the land made by the Collector. On further appeal under Section 54, the High court by its judgment and decree dated 17/1/1983 in RFA No. 821 enhanced the compensation to Rs. 50,000. 00 per acre. Still not being satisfied, the appellant has come to this court by special leave.

(2.) The learned counsel Shri L. R. Singh for the appellant has contended that as early as in 1971 and 1974 the market value of the land was ranging between Rs. 37,500. 00 to Rs. 62,000. 00 per acre. The High court ought to have relied on the awards made by the court in RFA No. 2608 of 1980 wherein Rs. 3,75,000. 00 per acre was awarded for the acquisition to establish Mani Mazra Motor Market and Rs. 62,000. 00 per acre was awarded in LPA No. 1297 dated 22/9/1982 wherein the acquisition was near Chandigarh by the side of the town which is equidistant from the land under acquisition on the other side of the road. Therefore, the claimants are entitled to the compensation at Rs. 1 lakh per acre. We Find no force in the contention. The learned Judge of the High court has pointed out in his judgment thus: