P.N. SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant P.N. Singh, seeks enhancement of the compensation paid to him for acquisition of his land bearing khasra Nos. 60/10 and 61/15, in all measuring 14 bighas 4 biswas. The land was notified for acquisition by notification issued under Sections 4, 6 and 17 of the Land Acquisition Act (hereinafter referred to as "the Act"), dated 21.11.1978. In the notice of acquisition, the purpose of acquisition was stated to be "for manufacture of bricks".

(2.) BY this notification, an area of 666 bighas and 12 biswas was acquired. We find it extremely strange that emergency provision of acquisition of land contained in Section 17 of the Act were involved for acquisition for the purpose of establishment of brick kiln, and that too for over an area of 666 bighas 12 biswas. As far as the land of the appellant is concerned, no part of it, even to date, seems to have been put to use for the purpose it was acquired, in spite of almost 20 years having gone by since the notification for acquisition.

(3.) THE photographs have been filed pursuant to our orders, and we find from the photographs which have been produced before us, which both the parties accept as correct representation of the site as it is today, that the land is mostly level land. It appears to have no deep pits, and it seems to be devoid of any rocks.