SHYAM LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Claimant's land situated within the revenue estate of Madanpur Khadar was acquired for public purpose, namely construction of LPG Bottling Plant under non-plan scheme. Emergency provisions were invoked and notification under Sections 4,6 and 17 were issued on the same day i.e. 18th March, 1985. Collector, Land Acquisition on 6th September, 1985 made his award No. 15/ 85-86 offering compensation @ Rs. 22,685 /-per bigha. Feeling aggrieved, references were sought. The Reference Court by the impugned awards determined the fair market value @ Rs. 36,584/- per bigha and ordered payment of compensation accordingly. Still feeling aggrieved, appeals have been filed seeking further enhancement claiming compensation @ Rs. 70,000/- per bigha.

(2.) We have heard learned Counsels for the parties and have gone through the record. The Reference Court proceeded to determine the fair market value by relying upon the market value as had been determined for the land land situated in the same revenue estate, which had been acquired on the basis of an earlier notification dated 15th June, 1979. On the said market value, appreciation was allowed @ 6% per annum. Learned Counsel for the appellant also brought to our notice decision of this Court in RFA No. 22/84, Lai Chand (Deceased) through LRs. v. Union of India, decided on 22nd August, 1989. By the said decision market value was determined @ Rs. 12,000/- per bigha for the lands acquired in the same revenue estate of Madanpur Khadar, by prior notification dated 6.4.1964. For the land which was acquired by the subsequent notification dated 15th June, 1979, this Court in RFA No. 203/83, Jagdev Singh v.UOI decided on 7th August, 1989 held Rs. 27,000/- per bigha to be the fair market value. For the land which was acquired two years later by notification dated 8th May, 1981, market value was determined @ Rs. 29,000/- per bigha in Saraogi & Ors. v. UOI, 42 (1990) DLT10. The Reference Court in the impugned award, placed reliance upon the award of another Reference Court in which the market value had been determined for the land acquired through notification dated 15th June, 1979 @Rs. 17,000/- per bigha and allowing increase @ 6% per annum, market value assessed worked out to be Rs. 36,584 /- per bigha. This market value of Rs. 17,000/- per bigha for the land acquired by notification dated 15.6.1979 later on stood enhanced by this Court in fagdev Singh's case. The basis on which market value was determined by the Reference Court thus has changed when this Court in Jagdev Singh's case has held fair market value at Rs. 27,000/- per bigha instead of Rs. 17,000/- per bigha. In case that be the position, it is not necessary for us to rely upon the other material and then proceed to determine market value since market value for land acquired vide notification dated 15th June, 1979 stands concluded.

(3.) It was contended by the learned Counsel for the appellant that by the later notification issued on 8th May, 1981, more land was acquired and this Court held fair market value at Rs. 29,000/-. There is no reason that why the said market value as determined for the land acquired by notification dated 8.5.1981 be not taken as the base in order to arrive at the fair market value for the land acquired almost four years subsequently by notification dated 18th March, 1985. He further contended that in the absence of any other evidence that there was an abnormal increase or there was no increase in the market values of land in the vicinity, it must be presumed that the prices of the land have increased at normal pace every year and the principles laid down in the case of Bedi Ram v. UOI, 93 (2001) DLT150, would squarely apply and submitted that appreciation @ 12% per annum on the market value of 8.5.1981 be made.