(1.) This appeal is directed against the judgment of an Additional District Judge, Delhi and the complaint is that the enchancement granted by him for compulsory acquisition of the appellants land is not adequate. The Additional District Judge has fixed the market value at Rs.l2,000.00 per bigha as against the claim of the appellant that the market value was not less than Rs. 25.00 per squard yard.
(2.) By a notification dated October 19} 1962 issued under Section 4 of the land acquisition Act. 1894, hereinafter referred to as the Act, 52 bighas 5 biswas of land in the revenue estate of Shadhora Khurd was proposed to be acquired for planned Development of Delhi.. The declaration under Section 6 of, the Act was made on December 21, 1962. The land so notified included the appellant's land in all measuring 24 bighsa 9 biswas. This was comprised in Khasra No. 23, measuring 7 bighas 15 biswas and Khasra No. 30, measuring 16 bighas 14 biswas. The land was entered in the revenue record as garden land. The appellant was the occupancy tenant of that land.
(3.) The land Acquisition collector by his award No. 1593, dated June 22, 1963 fixed the market value of the land at Rs. 5700.00 per bigha. He apportioned 14 as share for the occupancy tenant and 2 as share for the land owners. There is no dispute in this appeal regarding apportionment. The only dispute is with regard to the market value.