THROUGH LRS. & ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) Enhancement of compensation sought in this appeal, relates to an acquisition of land in Village- Wazirabad, Delhi in pursuance to Notification of 4th Sept., 1967 under Sec. 4 of the Land Acquisition Act. The market value of the subject land was assessed by the Land Acquisition Collector @ Rs. 2,100.00 per big has and the Reference Court vide impugned judgment of 26th May, 1997 has dismissed the reference petition of appellants, for want of evidence.

(2.) Enhanced compensation @ Rs. 40 per sq. yard i.e. @ Rs. 40,000.00 per Big has is sought in this appeal by learned counsel for appellants while relying upon decisions in 'Vijay Singh & ors. Vs. Union of India & ors.', 111 (2004) DLT 751 (DB); 'Bedi Ram Vs. Union of India & Anr.', 93(2001)DLT 150 (DB) and RFA No.146/1999 'Pratap Singh & ors. Vs. Union of India ' rendered on 30th Aug., 2001.

(3.) In the instant appeal, it was urged on behalf of appellants that it is evident from the Award in question that the acquired land is near village abadi and across the road and away from the river. Thus, it was contended on behalf of appellants that the acquired land had great potential value and so, taking the market rate of the acquired land in question @ Rs. 8,500.00 per Bighas as in Oct., 1961, with appreciation of 10% per annum, market rate of the acquired land in question on the date of Notification in Sept., 1967 would come to Rs. 15,000.00 per Bighas.