MEHR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) All these LPAs arise oat of a common judgment of First Appellate Court dated 16.1.1979 awarding compensation of Rs. 15 sq.per yard for appellants land in Village Tihar, and being identical on facts and law are disposed off by this common judgment.

(2.) Appellants land was acquired in Village Tihar pursuant to Section 4 Notifica- tion dated 23.2.1964. Collector classified their land in Block 'A' and determined its compensation at Rs. 5,000.00 p.b. Appellants sought reference and Reference Court awarded them Rs. 10,000.00 p.b. Two sets of appeals were filed against the award of ADJ one by respondent-Union wanting reduction in awarded compensation and the' other by appellants asking for higher compensation. Appeals filed by Union were dis- missed and that of appellants allowed and the compensation in their case was en- hanced to Rs. 15,000.00 p.b. They still felt dissatisfied and have filed these LPAs praying for still higher compensation.

(3.) Appellants have relied upon two DB Judgments of this Court in the cases of Rajgopal and Shyamgopal (RFAs 398/68 and 35/70) awarding compensation of Rs. l0,000.00 p.b. for the land acquired in Tihar Village in reference to an earlier Section 4 Notification dated 13.11.1959. They have also produced some sale instances in evidence of the surrounding sanctioned colonies including that of Hari Nagar, Fateh Nagar and Rajouri Garden etc. showing the market value per square yard of land ranging from Rs. 31.75.00 to Rs. 69.00.00. They also relied upon a Government com- munication allegedly addressed to two land owners of this Village/Shyamgopal and Raj- gopal dated 19.11.1962 containing a Government offer to them to sell its land covered by Khasara No. 1612 in Tihar Village measuring 2089 S.Y. at Rs. 41.25 p.s.y. (AW 3/1).