UNION OF INDIA Vs. ATTRI AND CO

JUDGEMENT

(1.) This Regular First Appeal is against the judgment dated 3.7.2001 of the learned Additional District Judge in LAC No. 877/1993, enhancing the market value of the land situated in Village Samalkha to Rs. 15,000/- per bigha.

(2.) The said land was notified for acquisition vide notification No. F.7( 17)/85- L&B (i)(ii)(iii) dated 10.11.86 under Section 4 of the Land and Acquisition Act, 1894 (Act). The declaration under Section 6 of the Act was issued on 5.3.1987, By Award No. 15/88-89 the Land Acquisition Collector (LAC) categorised the land in Samalkha Village into three categories A, B and C. The market value of the land in each category was assessed by the LAC at Rs. 10,000/-, Rs. 13,650/- and Rs. 6000/- per bigha respectively. The land was sought to be acquired for the public purpose of linking of Palam Diversion (NH8) with the Gurgaon By-pass.

(3.) In arriving at the above market value, the LAC took note of the price prevailing at the time of Section 4 notification i.e. 10th November, 1986. The LAC took note of 34 sale transactions stated to have taken place prior to Section 4 notification ranging from 16.12.1985 to 1.10.1986 and concluded that the average rate per bigha for the aforementioned sales came to around Rs. 13,647/-. Thereafter the compensation as mentioned in para 2 above was fixed.