RAM CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal relates to the amount of compensation to be paid for the owner's land taken by the Government under statutory powers. The appellant's land situated in village Nangal Dewat was acquired by the Government for a public purpose, namely, for building a new terminal area at Palam Airport. Notification under S. 4 of the Land Acquisition Act (the Act) was issued on September 26, 1964. In due course the Land Acquisition Collector made his award (Award No. 1836) on July 12, 1965. The Collector classified the acquired lands into three categories and offered different compensation inrespect of each to the owners as will appear from the following table :- <FRM>JUDGEMENT_318_DLT15_1979Html1.htm</FRM> On a reference under S. 18 of the Act the Additional District Judge divided the land into two main classes. Lands in blocks 'A' and 'B' he combined into one class. He called it block-1. For this block he awarded Rs. 5350.00 per bigha. The lands comprised in block C he regrouped in block-II for which he awarded Rs. 2500.00 per bigha. From this decision the owners now appeal to this court for further enhancement.

(2.) Strong reliance has b;en placed on these letters by the owners. It is contended that these letters are indicative of the market value which the Government itself had fixed for purposes of transfering the land at Rs. 40.00 per square yard. There is no reason, it is said, why the owners should not be awarded the same price for the lands acquired by the Government. This evidence was rejected by the Additional District Judge. He said:-

(3.) This question was considered by a division of this court (T.V.R Tatachari and R.N. Aggarwal JJ) in R.F.A. 150 of 196S (Pyare Lal Vs Union. of India) decided oil July 19, 1972. There the land in question was village of Nangal Dewat. The notification was also the same. And this very evidence was produced in that case. On this part of the case the division bench held that these two letters had rightly been excluded from evidence by the land acqisition judge. They said: