UNION OF INDIA Vs. PUSHPAVATI CHAUDHIY

JUDGEMENT

(1.) In these two appeals, Union of India as well as the owner whose land had been acquired under section 4 of the Land Acquisition Act, 1894 (hereinafter called "the Act") have assailed the award of the learned Additional District Judge fixing compensation for the acquired land at Rs. 17,000.00 per bigha. The Union of India contends that the market value of the land should have been assessed at the rate of Rs. 4400.00 per bigha whereas the owner claims that the rate of compensation should be enhanced to Rs. 25,000.00 per bigha.

(2.) Raghbir Singh Chaudhry, husband of the appellant in R.F.A. 135- of 1965, owned onc-half share of land measuring 2 bighas 5 biswas comprised in field Nos: 438/44 and 440/43 situated in the estate of Kalu Sarai. This land was acquired by notification dated March 5, 1962 under section 4 of the Act for the "Establishment of College of Engineering and Technology."- The Land Acquisition Collector by his award No. 1312 fixed compensation of this land at Rs. 4400.00 per bigha. On reference under section 18, the learned Additional District Judge enhanced it to Rs. 17,000.00 per bigha.

(3.) To arrive at this rate, the learned Additional District Judge placed reliance on Exhibit A/I 2, an award assessing compensation in respect of land situated in the same estate of Kalu Sarai which had also been acquired for College of Engineering and Technology and where compensation had been assessed at the rate of Rs. 17,000.00 per bigha. He also relied on the awards Exhibits A]l, A[9, A]10 and Ajl3. Lands in Exhibits A/1 and A/10 situated in the estate of Kalu Sarai were acquired by notifications dated August 18, 1960 and February 5, 1962 respectively for the same project of College of Engineering and Technology. Lands covered by Exhibits A/9 and A/I 3, both falling in field No. 40, also situated in the same estate of Kalu Sarai, were acquired for the "Planned Development of Delhi". The market value of all these lands on the dates of the respective notifications, according to these awards, was assessed at Rs. 17,000.00 per bigha.