FATEH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.3.1979 passed by the learned Additional District Judge, Delhi, in LAC No. 157/1978, thereby answering a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") and dismissing the claim of the petitioner for enhancement of compensation in respect of his acquired land.

(2.) Land of the appellant situated in the revenue State of village Khampur, Delhi, was acquired under a Notification dated 12.4.1972 issued under Section 4 of the Act for a public purpose namely for the construction of embankment to drain No.6. The Land Acquisition Collector vide his award No. 15/73-74 assessed the market value of the acquired land @ Rs.1,000/- per bigha by holding that the land is gair ab-pash (non-irrigated). Before the Reference Court, the petitioner claimed compensation @ Rs.5,000/- per bigha. Besides he also claimed Rs. 7,000/- for loss of alleged crops growing on the land, Rs.20,000/- towards loss of permanent earning and Rs.3,000/-as severance charges. The Reference Court framed the following issues:

(3.) In support of his claim for compensation, the petitioner mainly relied upon two earlier judgments passed by Coordinate Reference Court in LAC 1969 titled as Rameshwar Das & Ors. Vs. Union of India decided on 31.3.1976 and in LAC No. 29/1969 titled as Zile Singh Vs. Union of India & Anr. In the former case, the Court dealt with the question of compensation in regard to the acquired land of Village Bakoli which was acquired pursuant to a Notification dated 2.2.1968. In that case the Land Acquisition Collector had assessed the compensation @ 800/- per bigha and the Reference Court assessed the market value of the land @ Rs.3,000/- per bigha relying upon a judgment in LAC No. 29/69 which pertain to village Alipur on the premises that the distance between the acquired land of village Bakoli and that of Village Alipur was only 3 and a half killas. Reliance was also placed on Exhibit A/7, copy of the judgment in LAC No. 16/69 titled as Indraj & Ors Vs. Union of India relating to the land of village Bakoli where market value of the land was assessed @ Rs. 4,000/- per bigha keeping in view the special circumstance that the land in question was very near to the G.T. Road i.e. only at a distance of 3-4 Killas from the G. T. Road. It was the submission of the learned counsel for the petitioner that the land of village Khampur was situated quite near to the lands of village Bakoli and Alipur and was acquired for the same purpose i.e. for construction of embankment to drain No.6 and as such the said judgments of the Coordinate Court formed the good bases for assessing the market value of the land in question. This contention of the petitioner was rejected by the learned Reference Court on the premises that it could not be established by the petitioner that his land was situated near the lands of Alipur and Bakoli. The Reference Court then referred to two sale transactions of the land of the same village as was established through Ex. R-1 and R-2 showing that during the period February and April, 1970, the land of village Khampur was sold @ Rs.1,400/- per bigha. However, even this was not relied and acted upon by the Reference Court on the ground that it was the duty of the petitioner to show that these transactions relied upon by the Collector did not reflect the market value of the acquired land or that the transactions were not genuine transactions. The Court accordingly approved the market value of the land as assessed by the Land Acquisition Controller.