UNION OF INDIA Vs. SHEO NATH

JUDGEMENT

(1.) THIS appeal filed by the Union of India is directed against the judgment of the Reference Court whereby the compensation in respect of the acquired land of the respondents' predecessors-in-interest in village Wazirabad was enhanced to ` 45,000 per bigha from ` 4600 per bigha awarded by the Land Acquisition Collector.

(2.) THE learned Reference Court while deciding the Reference under Section 18 made by the Land Acquisition Collector at the instance of the predecessors-in-interest of the respondents relied upon a judgment in the case of "Nand Ram vs. UOI" rendered by another Reference Court on 30/08/88(Ex. A-1) in respect of village Wazirabad arising out of acquisition of some land pursuant to the notification issued on 17th November, 1980 which was subsequent to the issuance of the notifications under Sections 4 and 6 of the Land Acquisition Act in the present case which were issued on the same date i.e. on 1st November, 1978. In the afore-said judgment relied upon by the Reference Court while deciding the Reference arising out of the acquisition proceedings pursuant to the notification dated 17th November, 1980 the Court had fixed the market value of the acquired land in Wazirabad at ` 20,000 per bigha. In the present case the Reference Court has quoted the following observations from that judgment dated 30/08/88 in the impugned judgment:

(3.) ON the other hand, Mr. Deepak Khosla, learned counsel for the respondents argued that there was no illegality committed by the Reference Court in giving enhancement to the respondents taking into consideration the fact that initially market value of the land in village Wazirabad was fixed by the Reference Court relying upon the valuation fixed in respect of village Dhirpur and when this Court enhanced the market value of the land in village Dhirpur the Reference Court was fully justified in giving proportionate increase in the market value in respect of village Wazirabad also taking note of the fact that Wazirabad village was less developed than Dhirpur village.