CHHATTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals are concerned with the land situated in Katwaria Sarai, which was acquired vide notification dated 24.10.1961 under Section 4 of the Land Acquisition Act, 1894 ( hereinafter to be referred to as, 'the said Act' ). Declaration was issued under Section 6 of the said Act on 06.01.1964 and Award No. 1738 was made and published on 13.10.1964 awarding compensation for two blocks of land @ Rs.2,500/- per bigha and Rs.1,500/- per bigha. The claimants aggrieved by the same preferred a reference under Section 18 of the said Act and the said reference was decided vide LAC Case No. 408-A/1988 on 27.01.1990 determining the market value of compensation at Rs.12,000/- per bigha. The claimants still not satisfied have preferred the above-said appeals. There are some cross appeals also filed by the Union of India.

(2.) The contention of learned senior counsel for the claimants is in a limited compass. Learned senior counsel submits that Mehrauli Village was what was earlier known as the Notified Area Committee and this area was surrounded by various villages called Sarais. Large tracks of land have been acquired in Mehrauli and in these Sarais. Learned senior counsel drew our attention to the determination made by the Land Acquisition Collector (LAC) while making the award. The LAC has noted that no sale had taken place in Village Katwarai Sarai during 5 years prior to the date of notification under Section 4, but some sale transactions took place in the Revenue Estate of Village Adchini and â in similar land from near boundary of the villageâ . Two transactions of the period 1954 and 1958 in respect of Jia Sarai have been considered as also the awards made in 1958 in respect of this Village. Learned senior counsel submits that the LAC himself has found that Village Adchini is similar to the land of the village in question and, thus, the claimants are entitled to compensation @ Rs.15,000/- per bigha, which is undisputedly the amount of compensation determined for Village Adchini in respect of a notification of the same date. The plea, thus, raised is that the Reference Court erroneously relied on the value determined in respect of Beg Sarai, which should not be the basis in view of the finding of LAC that the land is similar to Adchini. This is so since Rs.12,000/- per bigha has been awarded for Katwaria Sarai in view of the value of the land determined for Beg Sarai.

(3.) Learned counsel for UOI, on the other hand, submits that the Reference Court has rightly considered the aspect of the peculiarity of land situated in Village Adchini as it is abutting on the Mehrauli Road and this is apparent from the discussion in the judgment on this aspect. Thus, no parity can be made with Adchini. No independent evidence has been laid other than judgments delivered in respect of various villages.