KARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises from the judgment dated 23/7/1984 of the division bench of the Delhi High court made in RFA No. 281 of 1979.

(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short "the Act") acquiring a large extent of land was published on 8/3/1957. The land of the appellant admeasuring one bigha and 14 biswas formed part of that land. The Reference court relying upon the judgment of the High court in A. N. Bhandari v. Union of India awarded compensation @ Rs. 10. 00 per square yard. On appeal, it was confirmed. The High court relied upon a single sale deed in similar case in which market value had been fixed @ Rs. 12. 00 per square yard. Therefore, the appellant also claimed that rate. Since he was not awarded the rate claimed by him, he has filed appeal in this court challenging the impugned judgment of the High court.

(3.) Shri Juneja, the learned counsel for the appellant, contended that the High court, having found that the market value of the land in question could fetch Rs. 12. 00 per square yard, would have granted compensation at that rate. Though prima facie we find the contention plausible and acceptable, in view of the legal position that at least l/3rd of the market value has to be deduced towards development charges and that the said consideration was not adopted in the case on which reliance is placed, the fact boils down that if the award is to be interfered with, the appellant would get less than what has been granted to him 9 by the High court. However, since the State has not filed any appeal and in the facts and circumstances of the case, we are of the view that it is not a case warranting interference.