ANAND KUMAR Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) This lirst appeal arises from an award made by Shri J.N. Verma, Additional District Judge Delhi on April 14, 1967 in Land Acquisition Case No. 870 of 1965. The appellant Dewan Anand Kumar was the owner of a plot of land bearing Field No. 640/151/1 measuring 30 bighas 10 biswas and Field No. 205/1 min, measuring 3 bighas 10 biswas and a small portion of another field bearing No. 205/1 min measuring 5 biswas, making a total area of 34 bighas 5 biswas. By a notification No. F.4(14) 16-L & H dated 7-3-1963, issued under Section 4 of the Land Acquisition Act, 1894, which will hereafter be referred to as the Act; lanmeasuring 84 bighas 1 biswa in the estate of Rajpur Chhawni was acquired for the planned development of Delhi. The acquired area included the land belonging to the appellant.

(2.) The Land Acquisition Collector as per award No. 1653, awarded compensation to the appellant at the rate of Rs. 5,500.00 per bigha for nehri and other kinds of land except 15 biswas in Field No. 205/1 min which was a pond. For that a rate of Rs. 4,500.00 per bigha was allowed. The appellant claimed enhancement on the basis of the alleged market-value of land at the rate of Rs. 60.00 per square yard and sought a reference to be made to the District Judge which was heard by an Additional District Judge.

(3.) In order to show higher valuation of his acquired land, the appellant produced copies of the sale deeds (Exs. at to A4 and A8) in addition to the copies of the Jamabandi (Ex. A5), a copy of the mutation (Ex. A6) and copies of judgments Exs. A7 and A9. Copies of the sale-deeds (Exs. A I to A4 and A8) were produced to show rising trend in land prices in the neighbourhood of the appellant's land. The appellant also relied upon copies of the judgments (Exs. A7 and A9) and on the copy of the mutation (Ex. A6). The Land Acquisition Collector however relied upon award No. 1552 although he did say that it was difficult to calculate as to what could be the market price of the appellant's land as no sale transaction of similar land in a similar situation was available for the years 1959, 1960 1961 and 1962. He therefore adopted the rate given in Award No. 1552 in which the date of section 4 notification was 25-8-1962 saying that the situation of that land and the land under acquisition was the same and accordingly a rate of Rs. 5500.00 for the acquired land was awarded except in respect of 15 biswas of land in Khasra No. 205/1 min which as said before, was a pond and therefore a rate of Rs. 4500.00 per bigha was awarded for that area.