SATWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 54 of the Land Acquisition Act directed against the judgment and award dated 2.6.1975 passed by Additional District Judge, Delhi determining the market value of Sardrakhti rights at Rs.2.000.00 per bigha for the land of the appellants situated in Village Malikpur Chhawni. acquired by the preliminary notification under Section 4 of the Land Acquisition Act issued on 3.12.1962.

(2.) The appellants are Sardrakhtidars in respect of the land which came to be acquired under the aforesaid notification issued under Section 4 on 3.10.1962. A Saidrakhtidar' is a man who is a tenant of the land paying rent to the owner, but is the owner of the trees. The Land Acquisition Collector by his award determined the compensation in respect of the Sardrakhti rights of the appellants at Rs.85.200.00 in all. It may be mentioned here that the Land Acquisition Officer while determining the aforesaid compensation took into consideration a previous award in respect of field No s 391 and 392 acquired by award No. 1525. the preliminary notification of which was issued under Section 4 on 20.7.1962 and wherein the rate of Rs.2.000.00 per

(3.) Being ctis-satisfied with the aforesaid award passed by the Land Acquisition Collector, the appellants preferred a Reference Petition on the basis of which the Reference Court on consideration of the evidence on record found thatthe reasoning given by the Land Acquisition Collector in not awarding Rs.2,000.00 per bigha which was the compensation awarded in the aforesaid previous award in respect of field Nos. 391 and 392 is not valid and based on proper appreciation. The learned Judge found that field No,391 adjoins field No.392 which abuts on the Grand Trunk Road and field No.384 adjoins field No.385 which also abuts on Grant Trunk Road and field No.390 adjoins 386 which too abuts on the Grand Trunk Road. Under the aforesaid circumstances the learned Judge came to the conclusion that the findings and the reasoning of the Collector was not proper. So far as Ex.A-11 which is a copy of the certificate of sale in respect of land measuring 66 bighas and 7 biswas in Village Sadhora Kalan on which much reliance was placed by the learned counsel for the appellants is concerned, the learned Judge found that the said sale is undoubtedly proximate in point of time to the present acquisition but the same relates to another village which is nearerto Delhi and is much more valuable than the similar rights in the land in dispute. The learned Judge, therefore, did not consider the said copy of the certificate of sale to be relevant forthe purpose of determining the compensation in respect of the Sardrakhti rights of the appellants and considered the previous award No. 1525 wherein the compensation for such right was fixed at Rs.2,000.00 per bigha to be more relevant forthe purpose of determining the compensation for similar rights in respect of the present lands and accordingly determined the Sardrakhti rights in the land in dispute evaluated at Rs.2,000.00 per bigha.