RAMO DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) An area of 24 Bigha 16 Biswas belonging to one Net Ram, husband of Smt. Ramo, the appellant herein, situate in village Peepalthala was acquired under the provisions of the Land Acquisition Act, 1898 (for short the 'Act') for the planned development of Delhi. The land which was owned by late Net Ram comprised of Khasra Nos. 375, 376, 377, 379, 380, 381 and 385 and a Notification under Section 4 of the Act was issued on 10th May, 1966, Thereafter on 7th December, 1966 a Notification under Section 6 of the Act was issued and subsequently the Land Acquisition Collector gave his award on 8th December, 1969.

(2.) According to the aforesaid award, compensationRs.2,000.00 per Bigha was offered to the appellant's husband. Reference undersection 18 of the Act was filed. During the pendency of the reference,ShriNetRamdied and the appellant herein viz., Smt. Ramo who was the widow of Shri Net Ram, was brought on record. The Additional District Judge vide his Judgment dated 17th January, 1979 came to the conclusion that the market value of the land in question as on the date Section 4 Notification was issued, should be Rs. 3,000.00 per Bigha. It is this decision which is challenged before us.

(3.) Learned Counsel for the appellant has submitted that compensation @ Rs. 20,000.00 per Bigha should be awarded. In support of this contention reliance has been placed by the Counsel on Ex. A. 6 which is asale deed dated 23rd October, 1964 in respect of aplot of land in village Peepalthala itself By the said sale deed, land measuring 360 sq. yards was sold for a total consideration of Rs. 9,000.00 . The rate per sq. yards, therefore, came to be Rs. 251-. Basing himself on this instance of sale, the learned Counsel submits that Rs. 20.000.00 per Bigha should be. awarded to the appellant.