NAPUR DASS Vs. CENTRAL COUNCIL OF HOMEOPATHY

JUDGEMENT

(1.) This Judgment will dispose of two connected appeals bearing no. R.F.A. 9/87 and R.F.A. 10/87 (S.K. Saragi and ors. v. Union of India), as they arise out of the same Judgment.

(2.) A large track of land in village Madanpur Khadar, New Delhi was notified for acquisition under Sections 4 and 6 of the Land Acquisition Act on 8th May, 1981, for construction of Jasola Drain After hearing the interested parties, the Award bearing no. 34/82-83 was announced on 30th August, 1984. The Land Acquisition Controller assessed the market value of the land at Rs. 4000.00 per bigha. Dissatisfied with the low assessment 'of the market value of their land, Shri Bhanwar Singh and others preferred a reference under Section 18 of the Land Acquisition Act. During the pendency of the said reference petition, Shri Bhanwar Singh and others transferred and assigned their rights to the present appellant. The learned Addl. District Judge on careful consideration of the oral as well as documentary evidence recorded before him assessed the market value of the land in question at Rs. 19040.00 per bigha.

(3.) In the present appeals, the appellant claim the market value of the acquired land at Rs. 30000.00 per bigha on numerous grounds. However, the foremost contention of the learned counsel for the appellant is that in a subsequent Judgment, relating to the land in village Madanpur Khadar, Shri T.S. Oberio, Addl. District Judge, Delhi, has fixed the market value at Rs. 26250.00 per bigha for the land acquired under Section 4 notification dated 15.6.79 On that score alone, the appellant submits, the appellants are entitled to Rs. 30000.00 per bigha for their land acquired in the year 1981.