INDERRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants land measuring 10 bighas and odd was acquired in Village Shakarpur pursuant to Section 4 Notification dated 24/10/61. Collector categorised the and of this Village in different categories and placed the appellant's land in category 'B' and awarded a compensation of Rs.3,500.00 per bigha to them. Appellants sought reference and ADJ enhanced the compensation to Rs.12,000.00 per bigha by relying upon a judgment of other ADJ in Ram Mehr Vs. U.O.I. (LAC No.267/68) decided on 18/12/1970 dealing with Section 4 Notification dated 9/3/1960 and fixing the compensation of the land in this village at Rs.8,000.00 per bigha. While doing so Learned ADJ found that the land in the present case was more advantageously situated than in Ram Mehr's case and that there was a time gap of two years between that acquisition and the present subsequent one.

(2.) This award was challenged by respondent in RFA No.144/76 which was disposed by First Appellate court in terms of another connected RFA No. 187/72 (Bhagmal Vs. UOI) decided on 15/10/1979 wherein compensation was fixed at Rs.8,000.00 per bigha in this Village. The Court had, however, intern decided Bhagmal's case in terms of RFA No.409/71 (Ram Mehr \/s. UOI) arising out of LAC 267/68, referred to herein above which was relied upon by the Reference Court also for raising compensation from Rs.8,000.00 to Rs.12,000.00 per bigha. Therefore, as it is, the leading judgment of First Appellate Court was passed in Ram Mehr's case in RFA No.409/71 and other Appells including that of appellants herein (RFA No. 144/76) were disposed off in terms of that judgment

(3.) A perusal of this judgment shows that First Appellate Court found itself caught in a difficult situation confronted by conflicting evaluations made of the acquired land under different notifications ranging from Rs.3,500.00 per bigha to Rs.14,000.00 per bigha. The Court in this process of balancing the scales fell back upon a award passed in an identical acquisition in Kripa Ram Vs. UOI (RFA No. 135/62) decided on 17/9/1970 to conclude that market value of the land per bigha was Rs.8,000.00 which the Court had determined for the acquisition in reference to Section 4 Notification dated 5/3/1960 and which it maintained inspite of the time gap because of the advantageous position of the land in the previous acquisition. It, therefore, proceeded to deal with different Appeals separately and while disposing off Ram Mehr's leading appeal (RFA 409/71), it enhanced compensation from Rs.1,500.00to Rs.2,500.00per bigha in case of some specific Khasra numbers.