R N TIJDKU Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an owner's appeal against the ordbr of the additional District Judge dated December 12, 1978.

(2.) The owner's land consisting of 3 bighas comprised in khasra No. 1230/327/1 in the estate of village Kolhapur was acquired by the Government persuant to a notification under s.4 of the Land Acquisition Act 1894(the Act) dated November 13, 1959. In due course the Land Acquisition Collector made the award(Award No. 2059 dated January 24, 1968). He divided the entire acquired land into three blocks. Land near the Okhla Railway Station was placed by him in block 'A'. For this he awarded Rs. 6415.00 per bigha. Land Resli and Banjar qadim he placed in block 'B'. For this he awarded Rs. 2500/. Gair mumkin Pahar was categorised in block 'C' and for this he awarded Rs. 2000.00 per bigha. The owner's land was placed in block 'B' and he was therefore, awarded Rs. 2500.00 per bigha,

(3.) Displeased with the award the owner asked for a reference under. S. 18 of the Act. The learned Additional District Judge who heard the reference formed the view that the categorisation of the owner's land in block 'B' is arbitrary. Considering the situation of the land and the evidence brought before him the learned judge raised the compensation from Rs. 2500.00 to Rs. 6200.00 per bigha. The owner now appeals to this court for further enhancement. He claims Rs. 19.00 per square yard as compensation for his acquired land.