CHET RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Questions involved in these two appeals by Letters Patent, No. 137 and 138 of 1980, are whether two sets of rates can be fixed of the land acquired by the same notifications situated in the same revenue estate where in one reference the party is a coloniser and in another an ordinary farmer; and secondly can the appellants be deprived of the fixation of same rates of compensation (which were awarded to an adjacent land similarly situated and acquired by the same notification) as in the case of Regular First Appeal No. 55/70 Raghbir Singh v. Union of India. Since, these appeals have arisen from a common judgment and involve common questions, therefore, are disposed of vide one order.

(2.) The facts, material for the purposes of these appeals, may, now be briefly indicated.

(3.) The appellants land in Letters Patent Appeal No. 137 of 1980 measuring 90 bighas 10 biswas and l/24th share in 85 bighas 17biswasin SHAMLAAT DEH and in Letters Patent Appeal No. 138 of 1980 measuring 2 bighas, 1/2 Biswa situated in the revenue estate of village Posangipur were acquired by the Government pursuant to Notification dated October 24, 1961 under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act). The land of the appellant in Letters Patent Appeal No. 137 of 1980 was categorised in three different blocks. Block 'A', 'B' and 'C' and the land in Letters Patent Appeal No. 138 of 1980 fell only in Block 'A'. The Land Acquisition Collector in Letters Patent Appeal No. 137 of 1980 awarded compensation for the land falling in Block 'A' @ Rs. 1400/ and for Block 'B' @ Rs. 1200/ per bigha and for block 'C' @ Rs. l,000/ per bigha. So far as the land in Letters Patent Appeal No. 138 of 1980 is concerned, the Land Acquisition Collector awarded compensation @ Rs. 1200/per bigha.