SADA NAND Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has arisen out of an award dated 7/11/1978 made by Shri B.B. Gupta, Additional District Judge, Delhi byanswering a reference under Section 18 of the Land Acquisition Act and determining the market value of the land at the rate of Rs. 1,450.00 per bigha for theappellant's land situate in village Chilla Sirodha Banger acquired for the purposeof planned development of Delhi through Notification issued under Section 4 of theAct on 13.11.1959.

(2.) The Collector, Land Acquisition through his award dated 29.5.1974 hadfixed the market value of the acquired land at Rs. 1,140.00 per bigha which wasenhanced by the Additional District Judge to Rs. 1,450.00 per bigha. In the instantappeal, the appellant has claimed further enhancement at the rate of Rs. 6,000.00 perbigha. Separate application has been made by the appellant praying that in casehigher market value is determined by this Court, the same be awarded subject topayment of deficient Court fee by the appellant.

(3.) We have heard the learned Counsel for the appellant. It is contended by herthat since the land situated in Dhalupura and Karkardooma were also acquiredunder the same notification for the same public purpose, namely, for the planneddevelopment of Delhi, therefore, the appellant is also similarly situated and shouldbe awarded same amount of compensation which has been awarded in the case ofDhalupura and Karkardooma. Learned Counsel for the appellant has relied uponjudgments of this Court pertaining to the awards in village Dhalupura andKarkardooma.