JAI NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) These are three appeals from the order of the Additional District Judge dated December 6, 1961. Two appeals are by the owners (R.F.A. 64-D and 71-D of 1962) and one appeal is by the taker of the land. Union of India, against the land owners (R.F.A. 160-D of 1962). In these appeals the question relates to the amount of compensation payable to the owners of certain land situated in village Jia Sarai. The common question that arises in all the three appeals is : What was the value of the acquired land on January 10, 1959?

(2.) The owners' land situated in Jia Sarai was acquired by the Government for a public purpose, namely, building of the College of Engineering and Technology. Notification under Section 4 of the Land Acquisition Act 1894 (the Act) was issued on January 10, 1959. Simultaneously a declaration under Section 6 was made because of the urgent nature of the acquisition.

(3.) In due course the Land Acquisition Collector made the award (Award No. 944). He offered compensation to the owners as under : <FRM>JUDGEMENT_107_DLT18_1980Html1.htm</FRM> The owners were dissatisfied with the collector's valuation. On that ground they demanded that the matter should be referred to the court under S.18 of the Act. On reference the Additional District Judge enhanced the compensation. He abolished the distinction of Ghahi, Rosali, Sailab and Banjar Qadim. He made the award at the uniform rate of Rs. 2250.00 per bigha. For Ghair Murnkin and, however, he awarded compensation at the rate of Rs. 500.00 per bigha. From his decision the owners appeal to this court for further enhancement. The Union of India, on the other hand, in their appeal contend that the award of the Additional District Judge is excessive and unjustified and ought to be reduced.