RAKESH KUMAR Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) CM No. 19400/2013 in LA.APP. 314/2013

(2.) In the above captioned three appeals, condonation of delay is sought on similar grounds and so with the consent of learned counsel for the parties, these appeals are taken up for hearing together and are being disposed of by this common judgment.

(3.) In the above captioned first two appeals, appellants' lands in village Rajapur Kalan were acquired in pursuance to Notification of 22nd August, 2001 under Section 4 of the Land Acquisition Act whereas in the above-captioned third appeal, the acquisition of the land in the village in question was in pursuance to Notification of 27th January, 2003 under Section 4 of the Land Acquisition Act. However, Reference Court in the above captioned appeals has relied upon decision of a coordinate bench of this Court in LA.APP. No. 266/2008 Jai Singh vs. Union of India decided on 23rd August, 2011 to assess the market value of the acquired lands in above captioned first two appeals at a uniform rate of Rs. 16,74,500/- per acre with statutory benefits whereas in the above captioned third appeal, the compensation was assessed @ Rs. 19,43,500/- per acre. Pertinently, the variation in the rate of compensation assessed is due to the time gap between the two Notifications under Section 4 of the Land Acquisition Act.