GABBO Vs. UNION OF INDIA

JUDGEMENT

(1.) WHAT is sought in this appeal is the enhancement of compensation assessed in respect of the land of Village Ghazipur acquired in pursuance to the Notification of 29th April, 1981 under Section 4 of the Land Acquisition Act.

(2.) IMPUGNED Judgment of 3rd May, 1999 grants compensation at the rate of Rs.60,060/- per bigha to the Appellant, while relying upon allotment of sizeable land in this village by the DDA to the Food Corporation of India at the rate of Rs.70 per sq. meter in September, 1979. The sale instances of the neighbourhood were not relied upon by the Reference Court in view of the decision of the Apex Court in Kanwar Singh & Ors. vs. Union of India; (1998) 8 SCC 136, holding that when relevant sale instance of the village in question is available, then there is no occasion to look to sale instances of neighbouring village.

(3.) IT was contended by learned counsel for the Appellant that the Reference Court has erred in not appreciating the true potential of acquired land which is now surrounded by group housing complexes etc. and has also erred in not awarding interest on solatium.