PRAKASH CHAND KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Cl. X of the Letters Patent is against the judgment and decree passed by Hon'ble Mr. Justice Avadh Behari dated 10th March, 1980 in R.F.A. No. 35/70 dismissing the appeal for enhancement of compensation for the acquired land.

(2.) The land situate in the estate of Sadhora Kalhan was needed by the Government at the public expenses for a public purpose, namely, for the planned development of Delhi. A preliminary notification under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was made vide notification dated 25th March, 1964. A declaration under S. 6 of the Act was made vide notification dated 15th July, 1964. The Land Acquisition Collector made his award No. 1801 and announced on 12th March, 1965. It covered a total area of 60 bighas and 5 biswas. The acquired land was divided into three blocks. He offered compensation for block 'A' @ Rs. 5,500.00 per bigha, for block 'B' @ Rs. 5,000.00 per bigha, and for block 'C' @ Rs. 4,500.00 per bigha.

(3.) Shri Prakash Chand Kashyap, the appellant herein, had purchased field No. 203/2 measuring 7 bighas and 4 biswas situate in the revenue estate of Sadhora Kalan in an auction held by the Ministry of Rehabilitation on 1st Sept. 1959 for a total consideration of Rs. 1,50,500.00. This land was acquired by the aforesaid award No. 1801. He was aggrieved with the compensation offered by the Collector and filed reference petition under S. 18 of the Act claiming the market value of the acquired land @ Rs. 250.00 per sq. yard. The reference was entrusted to the court of Shri G. R. Luthra, the then Additional District Judge, Delhi. The learned Additional District Judge taking in view the good situation of the land and the lapse for 4 years after the purchase of land gave an increase of 25% and found the market value of the acquired land at Rs. 1,55,000.00. The appeal of the appellant against the judgment and decree of the learned Additional District Judge was dismissed by Avadh Behari, J. vide order dated 10th March, 1980.