RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This Regular First Appeal is directed against the judgment and decree of the Additional District Judge dated 17th May, 1984 passed in L.A.C. No. 216/79.

(2.) The land of the appellants comprising of Khasra Nos. 414 (0-8) 422/1 (0-6), 423/2/1 (2-13), 425/2/1 (1-12), 426/1 (1.9), 428/1/1 (2-0) admeasuring 8 big has 9 biswas situated in the Revenue Estate of Village Ali, was acquired vide Notification under Sections 4, 6 and 17 of the Land Acquisition Act dated 10th April, 1973. The Collector vide his award dated 29.11.1973 fixed the market value of the land at Rs. 3.500.00 per bigha and allowed 6% per annum interest on the market value from 27.5.1970 because the appellants were dispossessed from the land three years before actual date of issue of notification dated 10.4.1973. Being dissatisfied with the award, the appellants filed a petition for reference under Section 18 of the Act claiming market value at the rate of Rs. 12,000.00 per bigha besides damages, interest and solatium. The Additional District Judge by the impugned judgment fixed market value at Rs. 7.000.00 per bigha. The appellants are aggrieved by this judgment of the Additional District Judge and it is prayed that the market value be assessed at the rate of Rs. 25.000.00 per bigha.

(3.) It is submitted by the learned Counsel for the appellants that the market value of the land in the same village was assessed by this Court is Jagmal v. Union of India. R.F.A. 383/76, decided on 9th January, 1985 at Rs. 17,000.00 per bigha. Counsel submitted that notification in respect of Jagmal was issued on 12.6.1969 i.e. about roughly four years before the notification was issued in respect of the land in dispute in the present appeal. Learned Counsel, therefore, prays that the land of the appellants be valued at a higher rate than the market value fixed by this Court in Jagmal's case.