UNION OF INDIA (UOI) Vs. SHRI NANDA

JUDGEMENT

(1.) THE present appeal is directed against a judgment dated 01.08.2002 passed by the learned ADJ on a reference received by him under Section 18 of the Land Acquisition Act (hereinafter referred to as "the Act"). By the impugned judgment, the learned ADJ held that the claimant was entitled to payment of enhanced compensation @ Rs. 12,650/ - per bigha over and above the amount of Rs. 4,000/ - per bigha awarded by the Land Acquisition Collector in respect of land situated in village Hiran Kudna, subject matter of Award No. 7/87 -88. In other words, the market value of the land was fixed at Rs. 16,650/ - per bigha and the claimant was held entitled to the said amount alongwith other statutory benefits in accordance with law.

(2.) AGGRIEVED by the aforesaid judgment, the Union of India has preferred the present appeal, which was admitted vide order dated 25.01.2007. Counsel for the appellant states that aggrieved by the compensation granted by the High Court at Rs. 10,750/ - per bigha, the land owners of the same village, whose land was acquired vide notification issued under Section 4 of the Act dated 31.10.1980, preferred an appeal before the Supreme Court and claimed that the valuation ought to have been fixed at Rs. 30,000/ - per bigha. The said appeal, registered as Civil Appeal No. 5280/2008 entitled Jeevani and Ors. v. Union of India, was decided by the Supreme Court, vide order dated 27.08.2008. A copy thereof is handed over by the learned Counsel for the appellant and taken on the record. By the said order, the Supreme Court set aside the judgment of the High Court and remanded the matter to the Reference Court for re -examination as to the valuation of the land of the appellants therein, which had been acquired and to pass fresh orders, in accordance with law, after giving the parties an opportunity of leading evidence in support of their claim. The operative para of the order is reproduced hereinbelow for ready reference:

(3.) COUNSEL for the appellant states that the aforesaid decision of the Reference Court dated 22.02.2002 passed in LAC No. 1243/1993, was challenged by the Union of India by preferring an appeal before this Court, registered as RFA No. 151/2003 entitled Union of India v. Jai Lal, which was dismissed vide order dated 16.10.2003. He states that the aforesaid dismissal order has attained finality as the Union of India did not prefer an appeal against the said order before the Supreme Court. He however submits that the present matter is liable to be remanded back to the Reference Court, in the light of the subsequent order of the Supreme Court dated 27.8.2008, mentioned above.