KARTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Notification under Section 4 of the Land Acquisition Act (in short the Act) was published on 12th December, 1972. The Land Acquisition Collector (in short the LAC) classified the land of the appellant into two blocks namely 'A' & "B' and awarded compensation at the rate of Rs. 4.000.00 per bigha for Block 'A' and Rs. 3,000/ - per bigha for the land falling in Block 'B'. The total of 55 big has and 10 biswas of appellants' land in the revenue estate of Village Bagrola was acquired vide the said notification. Compensation was accordingly granted at the abqvesaid rates.

(2.) On reference under Section 18 of the Act, the Additional District Judge, Delhi (in short ADJ) enhanced the compensation and determined the market value of land of Block 'A' at Rs. 12.720.00 and for Block 'B' land Rs. 11.720.00 per bigha. The difference made by the Collector with regard to Block 'A.' and Block 'B' land at the rate of Rs. l,000/ - per bigha was maintained by the learned ADJ.

(3.) Having not been satisfied with the enhancement awarded by the learned ADJ the appellants preferred the present appeal. Appellants have assailed the order of the ADJ, inter alia, on the grounds that the learned ADJ inspite of having referred to the Division Bench decision of this Court in RFA No. 149/1978, titled Bhima & Ors. v. Union of India, decided on 10th July, 1984, ignored the observation of this Court. In that case whereby this Court granted uniform rates for both the dassified lands of Blocks 'A' & 'B' and abolished the categorisation. But in the case in hand the learned ADJ maintained the categorisation without any reason. Secondly in Bhinw's case (supra) the Division Bench determined the market valueof his land at Rs. 13,000.00 perbigha. But since Bhima had restricted his claim at Rs. 12,000.00 perbigha, hence the Court granted him the market value of his land at Rs. 12,000.00 per bigha. However, on the basis of the records and the sale deeds this Court assessed the market value at Rs. 13,000.00 per bigha. According to appellants there was no reason for the learned ADJ for not assessing the market value of his land at Rs. 13,000.00 per bigha for his entire land.