SADHU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants' land in village Naraina was acquired by the Government. Notification under section 4 of the Land Acquisition Act (the Act) was issued on September, 3, 1957. In due course the Land Acquisition Collector made his award (Award No. 1713 dated October 30, 1963.) The Collector divided the land in two blocks. For lands in block A he made an offer of Rs. 2250.00 per bigha. For lands in block B he offered Rs.l500.00 perbigha.

(2.) On a reference under section 18 of the Act the Additional District Judge raised the compensation to Rs. 4000.00 per bigha. The appellants' land was classified in block A. The judge therefore awarded them Rs. 40CO.00 per bigha. Now there is an appeal for further enhancement.

(3.) Counsel for the appallants has mainly relied on two factors. In the first place he relies on a sale deed executed on December 19, 1957 in respect of khasra No. 116 by which land was sold at the rate of Rs. 5000.00 per bigha. This instance was cited in evidence before the judge. He did not accept this sale on the ground that the land which was the subject of the sale deed was "much nearer to the Ring Road and Mansrover Colony". He therefore thought that Rs. 5000.00 per bigha as evidenced by this sale deed could not be awarded for the appellants land. He followed the judgment of his predecessor who had awarded R. 40CO.00 per bigha in respect of the acquired lands under this very award. In view of that judgment he awarded to the appellants Rs. 4000.00 per bigha.