C BHAGIRATHAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) R.F.A. 60/73 is directed against the judgment dated 21/10/1972 determining the compensation for the acquired land at therate of Rs. 18.00per sq. yd. The Delhi Administration vide notification dated 13/11/1959 issued under Section 4 of the Land Acquisition Act, 1894and the declaration dated 5/09/1964 under Section 6 of the Act notifiedthe land for acquisition for a public purpose, namely, for planned developmentof Delhi. The Land Acquisition Collector made his award No 1960 announced on 28/03/1967 acquiring the land in Village Kilokari in Khasra No.1127/328 measuring 2bighas. The Land Acquisition Collector assessed themarket value of the land in dispute by placing it in Block A at the rate ofRs. 4,000.00 per bigha. Being aggrieved, the appellant made a petition underSection 18 of the Act for determination of the compensation by the Court.

(2.) The reference was entrusted to the Court of Shri O. N. Vohra, Addl.District Judge, Delhi. The learned Additional District Judge considered the saletransaction evidenced by Exs. A-1 and A-2 but scaled down the auction priceof 10/12/1958 at the rate of Rs. 45,650.00 to Rs. 34,237.50 for 2 bighasor from Rs. 22.825.00 to Rs. 17,118.75 per bigha and determined the compensation by appreciating the sale price by Re.per sq.yd.at the time of issue ofnotification under Section 4toRs.18.00persq.yd. In the appeal, the claimmade is for enhancement of the compensation and for fixing it at Rs. 30.00 persq. yd.

(3.) in Chand Behari v. Union of India, R.F.As-381 and 382 of 1970,., this Court has fixed the market value of the land inVillage Kilokari at Rs. 26,000.00 per bigha. In that case, the notification underSection 4 of the Act was issued on 13/11/1959. The area of the acquired land in that case was I bigha 2 biswas. Taking this decision as a guide, weconsider that the market value of the acquired land should be Rs. 26,000.00 perbigha.