DEWAN ANAND KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This regular first appeal is directed against the judgment dated March 14. 1968 passed by Shri G. R. Luthra then Additional District Judge Delhi. whereby he fixed the market value of the land in dispute comprised in Kh. Nos. 452/433 (3 Bighas). 453/433 (3 Bighas) and 434 (2 Bighas). in all measuring 18 Bighas situated in village Malikpur Chhavani. Delhi, at the rate of Rs. 8,200 per Bigha. in a reference having been made to him bv claimants-appellants Dewan Anand Kumar. Rai Bahadur Pandit. Janki Nath Atal. Pt. Bhupinder Nath and Smt. Brij Kumar Watel. under Section 18. Land Acauisition Act. 1894 (hereinafter referred to as the Act). against award No. 1525 dated March 14, 1963 (riven and pronounced by Shri Nand Kishore. Land Acauisition Collector (hereinafter referred to as the L.A.C.). whereby the L.A.C. had assessed the market value of the garden land including the trees and structure at the rate of Rs. 5,500 per Bigha. This land also included the land in Question. The notification under S. 4 of the Act in this case had been issued on July 20. 1962. In this appeal the appellants have claimed the market value of the land in Question at the rate of Rs. 22,222.22 per Bigha as on July 20. 1962. the date of notification under S. 4 of the Act.

(2.) The total area of land including the land in dispute acquired by means of the aforesaid award measured 267 Bighas 9 Biswas. The L.A.C. while fixing the rate of Rs. 5.500 per Bigha had taken into consideration the two auction sales conducted bv the Rehabilitation Department of the Government of India as also one mutation No. 369, pertaining to land situated in village Malikpur Chhawni. One of these two aforesaid auction sales Ext. R-l pertained to the land in dispute. The particulars of these two auction sales are set out below: (See Table below) Mutation No. 369 of village Malikpur Chhawni had its sale dated 22-11-1958 regarding Kh. Nos. 387, 388 and 389 and it involved as area measuring 19B-9b and the total price fetched was to the tune of Rs. 1.25.000.00 yielding the average rate of Rs. 6.40 per sq. yard. The land of this mutation was also garden land. No. Name of Date of Kh. No. Area Sale Average Garden sale Big. Bis. Price per Bigha Ex.R7 Nil 6-6-58 409, 410,1 7-11 42.500.00 5.800.00 Ex.Rl Jhabu 22.3.58 434, 10-0 97.500/. 6,400.00 Begwala 453/433, 452/433 As this land had a good Kothi and good main gate. the L.A.C. after making an allowance for some exaggeration and the price of the Rood house, assessed the value of the said land at the rate of Rs. 5.50 per sq. yard (Rs. 5.500 per Bigha).

(3.) The learned Additional District Judge after discussing the various pieces of evidence relied upon by the claimants-appellants as also the respondent- Union of India, preferred to base his decision on the judgment Ext. R-6 dated 11-8-1965 in respect of land comprised in Kh. No. 91 (5B-2M which was situated in another village viz. Raipur Chhawni which is continuous to village Malikpur Chhawni wherein the land in dispute is situated. The learned Additional District Judge found himself induced to rely upon this piece of evidence as the notification under S. 4 of the Act dated 26-10-1961 therein was quite near in time to the corresponding notification in the case in hand which is dated July 20. 1962 and the land subject-matter of the judament Exhibit R-6 had nearly the same situational position as the land in dispute abutting as it did on G. T. Road and not being far off from the land in dispute. The average rate of this land subject'-matter of Ext. R-6 had been assessed at Rs. 8,150 per Bigha. and keeping in view the time lag between the notification under S. 4 of Ext. R-6 and the corresponding notification in the case in hand an additional amount of Rs. 50 per Bigha was allowed by the learned Additional District Judge who thus determined the market value of the land in Question at the rate of Rupees 8,200 per bigha as -on July 20, 1962. the date of notification under S. 4 in the case in hand.