MANI RAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two appeals from the orders of the Additional District Judge. In R.F.A. No. 54 of 1980 the impugned order was passed on 22-12-1979. In R.F.A. No. 378 of 1980 the impugned order is dated 6th June, 1980. As the point is common in both the appeals we have taken these matters together.

(2.) The land of the appellants invillage Ghazipur was acquired by the. Government pursuant to a notification dated 13-11-1959 under section 4 of the Land Acquisition Act (the Act). The declaration under section 6 was issued on 20-6-1966. In due course the Land Acquisition Collector made the award (Award No. 27-D/70-71). He divided the land into two blocks-block A and block B. Block A he valued at Rs. 750.00 per bigha. In block B he put that land from which earth had been dug. Consequently he valued it at Rs. 500.00 per bigha. On a reference under section 18 of the Act the learned Additional District Judge in the case of Pritam Singh & others (R.F.A. No. 54 of 1980) dismissed the reference holding that they .were not entitled to any enhancement. In the other case of Mani Ram Sharma (R.F.A:. No. 378 of 1980) the learned judge enchanced the compensation by Rs. 150.00 and thereby raised it toRs.900.00 per bigha. " The land in, both these cases was classed in block A by the Collector. But the judge abolished this distinction of blocks. Dissatisfied with the decision in reference the appellants appeal to this court for enhancement. In B.F.A. No. 54 of 1980 the appellants claim compensation at Rs. 8.000.00 per bigha In R.F.A. 378 of 1980 the claim is for Rs. 6.000.00 per bigha.

(3.) The real.question is: What was the market value of the land in this .village-Ghazipur on 13-11-59? Counsel for the apppellants has invited our "attention to judgments in the adjoining villages. One is Ujjal Singh vs. Union of India R.F.A. No. 397 of 1968, decided on 29-3-1979 by .one of us.(Avadh Behari Rohatgi J). This judgment relates to village Karkarduma. Karkarduma adjoins this village Ghazipur. In Karkarduma the value of the land was fixed at Rs. 6.000.00 per bigha as on 13-.11-.59. Strong reliance has been placed on this judgment and it is submitted that in the neighbourhood the value of the land was Rs. 6,000.00 per bigha and therefore the appellants ought to be awarded compensation at the same rate. The other judgments to which our attention has been invited are relating to Mandavali village. In Shrimati Chander Kanta vs. Union of India,. Shri N.C. Kochhar, Additional District Judge, fixed the market price of land in village Mandavali at Rs.4,000.00 per bigha for the land acquired pursuant to the notification dated 13-11-59. In another case Kaushalya Devi vs. Union of India, L.A.C. 147 of 1971 he again fixed the same market value, that is. Rs. 4,000.00 per bigha vide his judgment dated 31-10-75. Yet in another case Raj Kaur vs. Union of India,., decided on 26-2-1976, he fixed the same market value. Now this village Mandavali adjoins village Ghazipur. Some of the owners of Mandavali have preferred appeals from the orders of Shri Kochhar which, we are told, are pending in this court.