UNION OF INDIA Vs. BRIJ MOHAN GUPTA DECD

JUDGEMENT

(1.) This order will dispose of Regular First Appeal Nos. 79-D of 1963 and 86-D of 1963.

(2.) By Notification dated April 24, 1957. issued under Section 4 of the Land Acquisition Act, hereafter called "the Act", the appropriate Government 0acquired 118 bighas and 12 biswas of land situated in Basaidarapur estate for the Central Dairy under the Milk Supply Scheme. This area included land measuring 4 bighas and 19 biswas forming part of field Nos: 2860/1133/4 situated near Railway Station. Patel Nagar, owned by the appellants in R. F. A. 86-D of 1963, hereafter called the "claimants." The Land Acquisition Collector, by his award dated November 6, 1958. assessed the market price of the acquired land at Rs. 3.50 per sq. yd. Dissatisfied with this valuation the claimants applied for reference to the Court under Section 18 of the Act. The learned Additional District Judge, after recording evidence and hearing the parties, assessed market value of the claimant's land at Rs. 10.00 per sq. yd. In R. F. A. 86-D/63 the claimants have assailed this assessment and contend that the market rate should have been assessed at Rs. 17.90 per sq. yd. while Union of India, as appellant in R. F. A. 79-D/63 has contended that the learned Additional District Judge erred In enhancing the compensation beyond what was granted by the Land Acquisition Collector.

(3.) At the stage of reference before the learned Additional District Judge. Union of India, also mainitained that the claimants were not the heirs of the deceased owner Prem Raj and that no claim under Section 9 of the Act in respect of the acquired land had been preferred and for that reason the claim for enhancement was incompetent. The learned Additional District Judge framed the first two issues on these pleas. He decided the first issue in favour of the claimants and the second issue was not pressed before him. These two contentions have not been canvassed before us In this appeal. The only question agitated by the parties before us is as to the market value of the acquired land on the date of Notification under Section 4 of the Act i.e. April 24, 1957.