VIMLA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) All these appeals arise out of land acquisition in Village Bahapur pursuant to Section 4 Notification dated 3.9.1957 and being identical on facts and law are disposed off by this common judgment.

(2.) Appellants land was acquired pursuant to aforesaid Section 4 Notification and they were awarded compensation of Rs. 1,500.00 P.B. by Collector which was enhanced to Rs. 2,000.00 P.B. by Reference Court and finally raised to Rs. 4,000.00 P.B. by the First Appellate Court in RFAs filed by them. While doing so First Appellate Court relied upon a Division Bench Judgment of this Court titled Navin Urban Thrift and Credit Society Vs. Union of India (RFA 148-D of 1966) decided on 8.8.1977 awarding compensation of Rs. 4.000.00 per bigha in Village Bahapur in reference to Section 4 Notification of the same year.

(3.) Appellants feel aggrieved of this and have filed this appeal claiming compensation of Rs. 7,5001- per bigha on the ground that First Appellate Court ought to have followed a Division Bench Judgment of this Court in M/s D.L.F. Housing and Construction (P) Ltd. Vs. Union of India (AIR 1967 Punjab 325) which awarded a higher compensation for acquired land in adjacent Rajouri Garden. Appellants further case is that First Appellate Court should have relied upon evidence of comparable sale deeds and taken in regard subsequent DB Judgment of this Court in LPA 70/80 in R.N. Tikku Vs. UOI awarding compensation of Rs. 14,308.00 per bigha in reference to Section 4 Notification dated 13.11.1959. It is submitted by L/C for Appellant Mr. Vashisht that when two sets of valuation were available, the court ought to have gone by the one fixing higher market value.