UNION OF INDIA Vs. JAGAN NATH

JUDGEMENT

(1.) Appeal has been preferred by Union of India under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") seeking reduction in the amount of compensation payable to the claimants/ respondents and the claimants/respondents have on the other hand filed cross objection seeking enhancement in the amount of compensation at the rate of Rs. 10,000.00per bigha.

(2.) Claimants' land situated in village Kalu Sarai was acquired for public purpose at public expense, namely establishment of a College of Engineering and Technology of Delhi through Notification issued under Sections 4,6 and 17 of the Act on 18.8.1960. While assessing compensation through his Award No. 1128 dated 27.3.1961, the Collector Land Acquisition classified the land in four categories and fixed different market rates for four categories of land. Feeling dissatisfied with the amount of compensation, reference was sought by the claimants. The Reference Court through the impugned judgment dated 16.1.1968 held the claimants entitled to compensation at the rate of Rs. 7,500.00perbigha as against Rs. 3,050.00 for the land comprised in Khasra Nos. 483/472 /473 measuring 3 bigha 11 biswas and at the rate of Rs. 4,000.00 per bigha as against Rs, 2,000.00 per bigha for the land comprised in Khasra Nos. 474/353 measuring 15 biswas.

(3.) We have gone through the record and heard learned Counsel for the respondent. There is no need for us to separately discuss the evidence in the case since the case can be decided by relying upon the determination of market value of land of Kalu Sarai made by this Court in its decision in R.F.A. No. 41/61 (Diwan Kesho Dass and Others v. Lt. Governor and Others, decided on 28.2.1994.