BALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals arise out of the acquisition of land belonging to claimants in village Malikpur Kohi/Rangpuri. The notification underSection 4 of the Land Acquisition Act was issued on 23.1.1965.

(2.) RFA. 386/71 is filed against the judgment of Shri Jagdish ChandraADJ, in LAC No. 415/67 pronounced on 29.3.1971 relating to Award No. 1958.Shri Jagdish Chandra, ADJ, (as he then was) had relied upon his own Judgmentin LAC. 434/67 Bhaktawar Singh & Another v. Union of India dated 23.3.1971.In Bhaktawar Singh's case the learned ADJ, relying on the sale instance ofKhasra No. 1587/1, where one'bigha of land was sold for Rs. 5,000.00, held thatmarket value for block I lands was Rs. 7,000.00 per bigha and for block 2 landsRs. 5,000.00 per bigha. Appellants' land was classified by the learned ADJ asBlock 2 land and was awarded compensation @ Rs. 5,000.00 per bigha. TheLand Acquisition Collector had awarded only Rs. 600.00 per. bigha for block2 lands. The appellants/claimants had claimed in the appeal that they shouldhave been paid compensation @ Rs. 7,000.00 per bigha. The Union of India hasfiled an appeal against the Judgment of Jagdish Chandra. ADJ, viz. RFA. 452of 1971. In the said appeal the claimantss have filed the cross-objections. Afterthe decision of this Court in RFA. 122/78, Hoshiar Singh v. Union ofIndia, theclaimants have claimed Rs. 14,340.00 per bigha as compensation for all categoriesof land.

(3.) There are cross-appeals filed by the Union of India, viz. RFA. 319/71 and RFA. 386/71, urging that the learned ADJ was wrong in relying on hisown decision in LAC. 415/67, i.e. Bhaktawar Singh vs. Union of India. It isspecifically urged that reliance on the sale instance in regard to Khasra No.1587/1 (Ex.C/l) was wrong. It was also urged that the compensation@Rs. 5,000.00 per bigha awarded to Nav Ratan and Ors. was without properevidence on record.