CHET RAM VASHISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant's land measuring 8 being 19 biswas situated in Revenue Estate of Village Chaukhandi was acquired vide Nov. Notification dated Nov. 13, 1959 under Section 4 of the Land Acquisition Act 1894, (hereinafter called 'the Act'). The notification containing the declaration of intended acquisition under Section 6 of the said Act was made on October 8, 1965. The Award given by the Land Acquisition Collector bearing No. 1955 of Village Chaukhandi dated March 2, 1967, classified the whole land into two blocks i.e. A and B. For block A compensation allowed was at the rate of Rs. 3000.00 per bigha and for block B at the rate of Rs. 1000.00 per bigha. Whole of the land of the appellant fell in block A. However, on a reference having been made to the Additional District Judge under Section 18 of the Act, Shri K.S. Siddhu the then Learned Additional District Judge on appeal enhanced the compensation of the land to Rs. 9000.00 per bigha. In this appeal the appellant has contended that the learned Addl. District Judge ignored the vital evidence with regard to the market value of the land, reference in this context was made to the instances of sale certificates EX. A-6 to Ex. A-8 of Tilak Nagar, which according to the appellant was in the close proximity of the land of the appellant. Plots were sold there at the rate of Rs. 39.00 to Rs. 4 %- per sq. yard. These sale certificates indicated the real market value of the land. These sale certificates related to the sales that were effected during the relevant time.

(2.) In the Revenue Estate of Village Chaukhani itself, there were two well-developed colonies, Ganga Ram Vatika and Shyma Pershad Mukerjee Park which were approved by the Municipal Corporation of Delhi prior to the issuance of notification under Section 4 of the Act. All amenities of life such as electricity water, bus service and telephone were. easily available. Plots were sold and buildings have been constructed. Plots at the relevant time were being sold at the rate of Rs. 50.00 per sq. yard: Learned Addl. District Judge, according to appellant, wrongly brush aside the sale certificates Ex. A-6 to Ex. A-8 on the ground that the sale certificates pertained to small plots, safe of which invariably fetch more price. Furthermore, value of sale certificates was paid against claims of displaced persons.

(3.) Aggrieved by the decision of the Additional District Judge present appeal has been preferred by the appllant claiming that he should be paid compensation at the rate of 15.00 per sq, yard or Rs. 15,000.00 per bigha.