JAGE RAM Vs. UOI

JUDGEMENT

(1.) LEARNED counsel for appellants submits the above captioned two appeals are preferred by the two brothers and the findings returned in the impugned judgments are identical and therefore, these appeals can be heard together. Accordingly, both these appeals were heard together and are being disposed of by this common judgment.

(2.) THE land in question is situated in Village Roshan Pura, which was acquired vide Notification of 8th August, 1973 under Section 4 of the Land Acquisition Act. The Land Acquisition Collector had assessed the market value of the land in question at Rs. 22,000/ - per bigha with proportionate solatium etc. Enhancement @Rs. 50/ - per sq. yards was sought before the Reference Court, which stands dismissed vide impugned judgment of 4th October, 2005. The detailed facts of these cases are already noticed in impugned judgment and needs no reproduction. Appellants -claimants had relied upon Sale Deed of 24th January, 1974, whereas the land in question was acquired on 8th August, 1973 and the finding returned by the learned Reference Court in respect of the aforesaid Sale Deed is as under: -

(3.) IT would be pertinent to note that no oral evidence was led by the parties except that appellants -claimants had placed on record certified copy of Sale Deed of 24th January, 1974, which pertains to 4 bighas & 16 biswas of land in the same revenue estate. To seek the location of the land of the Sale Deed and the acquired land, the site plan/ aks sirza is required to be looked into.