CHHOTU Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act (thereinafter called the Act) against the judgment and order dated 24-8-1971 passed by the Additional District Judge, Delhi in L.A.C. Case No. 584/1967 determining the market value of the land of the appellant situated in village Sahibabad Daulatpur and acquired under notification under Sec. 4 on 5-4-1967, at Rs. 800.00 per bigha for block I land and Rs. 700.00 per bigha for block II land.

(2.) In pursuance of the aforesaid notification issued under Sec. 4 on 5-4-1967 the Land Acquisition Collector by his award No. 1994 assessed the market value of the land acquired at Rs.400.00 per bigha in respect of block II land. Admittedly the land belonging to the appellants falls within both blocks I & II. Being aggrieved by the aforesaid determination of the market value by the LAC the appellant preferred a reference application in pursuance of which the Reference Court on consideration of the evidence on record enhanced the market value of the land and determined the same at Rs. 800.00 and Rs. 700.00 per bigha respectively in respect of block I & II land. Still being aggrieved the appellant has preferred this appeal claiming higher compensation in respect of his acquired land.

(3.) We have today decided another appeal being R.F.A. No. 509/1971 in the case of Hoshiar Singh Vs. Union of India, wherein for the land acquired under the same notification and in respect of the same village we have determined the market value of the land at Rs. 7,000.00 per bigha. Following the same judgment which relates to acquisition of land in the village and by the same notification we determine the market value of the land acquired in the present appeal also at Rs. 7,000.00 per bigha. In this connection we may also refer to the ratio of the decision in the case of State of Madras Vs. A.M. Nanjan, AIR 1976 SC 651.