ALMA SULTAN JAHAN BEGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Regular First Appeal is directed against the judgment and order of the Additional District Judge dated 3.9.1971 on a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the 'Act'. The land in question was acquired vide notification dated 26.9.1964 issued under Section 4 of the Act and is situated invillage Bagrola. The Land Acquisition Collector had divided land in two blocks, 'A' (Levelled) and Block 'B' (low lying) and awarded the compensation at the rate of Rs. 700.00 and Rs. 400.00 per bigha respectively vide Award No. 1835. The appellant felt aggrieved and sought reference under Section 18 of the Act. The Additional District Judge enhanced the compensation on consideration of material on record and awarded the same at the rate of Rs. 4,800.00 per bigha. The appellant in the present appeal has claimed enhancement at the rate of Rs. 5,350.00 per bigha instead of Rs. 4,800.00 per bigha as awarded.

(2.) The learned Counsel for the appellant has argued that the land in the present case is situated along the boundaries of villages Nangal Dewat and Shahbad Mohd. Pur and this Court has already awarded the compensation at the rate of Rs. 5,350.00 per bigha. He has referred to the judgment dated March 1,1984 in Regular First Appeal No. 124/70 (Shri Tej Ram deceased through L. Rs v. U.O.I.) wherein the Division Bench of this Court has awarded the compensation at the rate of Rs. 5,350.00 per bigha for lands in Block 'A'. These lands are situated in the adjoining village of Shahbad Mohd. Par. The Bench also referred to a Single Banch judgment of this Court in R.F.A. No. 152/68 (Shri Ram Chander v. U.O.I.) decided on 5th February, 1979 wherein similar amount of compensation was awarded to the land owners. This judgment relates to the compensation awarded in another adjoining village Nangal Dewat. We find force in the submission of the learned Counsel for the appellant. The land acquired in the present case is reasonably proximate to the land situated in the adjoining villages of Shahbad Mohd. Pur and Nangal Dewat and this will form a reasonable basis for determining the market value of the acquired land which is similar in character. Furthermore, the notification issued under Section 4 of the Act is dated 26.9.1964 which is also the relevant date for the notifications issued in respect of the other two villages. The Collector in his award has also indicated that the land in acquisition is situated along the boundaries of villages Nangal Dewat and Shahbad Mohd. Pur. In view of this, we hold that the land of the appellant should also be valued at Rs. 5,350.00 per bigha and this will represent a fair market value.

(3.) Accordingly, we accept the appeal and enhance the compensation for the acquired land from Rs. 4,800.00 per bigha to Rs. 5,350.00 per bigha. The appellant will be entitled to solatium at 15/o on the enhanced market value and interest at 6% per annum on the enhanced compensation from the date of dispossession till payment. The appellant will also be entitled to costs.