LAWS(DLH)-1984-4-27

PRABHU DAYAL DECD Vs. UNION OF INDIA

Decided On April 19, 1984
PRABHU DAYAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This is an appeal from the order of the Additional District Judge dated 31st July, 1967. The appellants were the owners of 3/4th share in the land hearing Khasra Nos. 77 and 73 admeasuring in all 5 bighas and 6 bisswas in the revenue estate of Nangal Raya. The respondent, Union of India, acquired this land pursuant to. a notification under section 4 of the Land Acquisition Act (the Act), dated 13-11-1959. Section 6 notification followed. In due course the land Acquisition Collector made the award (Award No. 1620). He offered compensation to the appellants at the rate of Rs. 3,000.00 per bigha. On a reference under section 18 of the Act, the Additional District Judge enchanced the compensation from Rs. 30001- per bigha to Rs. 5,0001- per bigha. From his decision the appellants appeal to this court for further enhancement.

(2.) The appellants gave evidence of 5 sale deeds. The first in point of time is a sale deed (A-3) dated 16-12-1954. A plot of land measuring 125 sq. yards was sold for Rs. 1878/. The price conies to Rs. 15,'- per sq. yard. .The second in point of time is the sale deed(A-2) dared 23-2-1955. A plot of 300 sq. yards was sold for Rs. 40001-. The price, comes to Rs. 13.00 per sq. yard or thereabout. The third is the sale deed (A-1) dated 18-7-1957.95 sq. yards of land was sold for Rs. 1,000.00 the price works out of Rs. 10.50 per sq. yard. Next in pomt of time is the sale deed(A-5) dated 20-12-1958. A plot of 32 sq. yards was sold for Rs. 2,500. The price comes to Rs. 77 per .sq. yard. The last is the sale deed (A-4) dated 13-2-1959. Apiece of-land measuring 100 sq. yards was sold for Rs. 2,244.00 . The price comes to Rs. 22.44 per sq yard.

(3.) Besides this evidence there was the evidence of mutations. The Judge referred to a mutation in respect of a sale dated 13-9-1954. 14 biswas of land was sold for Rs. 3,000.00 . The price per bigha comes to Rs. 4,300.00 . That was a sale of 1954. But the land in dispute was acquired in 1959. The learned judge assessed the market value of the land in dispate at Rs. 5,000.00 per bigha in 1959 on the basis of this mutation, after making allowance for appreciation in prices. This he made the basis of his award. He accordingly gave compensation to the owners at the rate of Rs. 5,000/ per bigha.