PAINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE notification under section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act') acquiring a large extent of land for development of Delhi city was published on 6.4.1964. The Land Acquisition Officer awarded compensation @ Rs. 5,000 and Rs. 4,500 per bigha by his award No. 87 of 1980 -81. On reference, the civil Court, viz., the Additional District Judge, enhanced it by his award and decree dated 30.8.1983 to Rs. 7,260 and Rs. 7,000 per bigha respectively. On appeal, the High Court by the impugned judgment dated 22.8.1989 made in RFA No. 52 of 1989 and batch uniformly enhanced the market value to Rs. 12,000 per bigha. Feeling aggrieved, this petition has been filed for further enhancement to Rs. 25,000 per bigha.

(2.) THE learned counsel for the petitioners states that these lands relate to Village Madanpur Khadar. He contends that for the adjacent lands in Village Badarpur and Molarband, the reference Court and the High Court enhanced the compensation to Rs. 43,000 per bigha, etc. Therefore, the High Court was not justified in confining the market value to Rs. 12,000 per bigha.

(3.) LEARNED counsel for the petitioners also relied on the judgment of the High Court in relation to the notification dated 5.7.1973 in which the compensation was awarded @ Rs. 68,000 per bigha for Village Tughlakabad. That is also founded upon the circular issued by the Government on 26.3.1966 referred to earlier and relates to a notification issued after about 10 years of the notification at hand. So this judgment also renders little assistance.