DEV SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred against the order of reference court made on 29.10.1997 by the Additional District Judge in LAC No.38/1981 (new LAC No.333/93 dated 13.07.1993). The notifications under Sections 4, 6 and 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') were issued on 15.02.1979 and the possession was taken by the authorities on 23.03.1979. After following the procedure laid down in the Act, the Land Acquisition Collector (in short `LAC') made an award being 140/79-80 on 22.03.1980 determining Rs.7,000/- per bigha as the fair market value.

(2.) The claimant being aggrieved by the fixation of price by the LAC, moved an application under Section 18 of the Act. On appreciation of the evidence placed before the the reference court in the aforesaid case, the reference court held that the claimant is entitled to get fair market price @ Rs.15,225/- per bigha with consequential benefits as per the Act. It may be noted that initially before the reference court claim was limited to Rs.25,000/-. However, it was increased to Rs.75,000/- by the claimant. It may be noted that before the LAC in response to notice under Section 9 of the Act, the claim was made @ Rs.25,000/- per bigha.

(3.) Against the award made by the reference court, before us, it was contended by learned counsel that in a nearby village namely Dhirpur, vide notification of the even date, lands were acquired and vide award No.21/80-81, the LAC awarded compensation @ 5,000/- per bigha which was increased by the reference court to Rs.18,500/- per bigha and on an appeal before the High Court, on appreciation of evidence, the fair market price was fixed @ Rs.50,000/- per bigha. On this issue, learned counsel for the respondent has pointed out that village Dhirpur cannot be treated at par with the land situated in village Jharoda Majra Burari. Looking to the facilities available in village Dhirpur as also the development, location etc., the Court determined the price. However, at the same time, it is required to be noted that when the claimant is making a claim before the Court, it is for the claimant to lead sufficient evidence to arrive at a conclusion as to what would be the market value of the land.