HAZURA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment shall dispose of Regular First Appeal Nos. 2332, 2333, 2560 and 2561 of 1987 as all these appeals arise out of the same proceedings involving identical question of law and facts. Facts are being taken from Regular First Appeal No. 2560 of 1987.

(2.) Land measuring 1.48 acres situated in village Kajheri was acquired by the Chandigarh Administration for setting up 66 K.V. Sub Station and development of Sector 52-B, Chandigarh, vide notification dated 28.2.1984 under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"). The Land Acquisition Collector announced compensation of Rs. 60,000/- per acre in respect of the land on 22.3.1985 but assessed compensation of Rs. 30,003/- in respect of the house owned by the claimant in R.F.A. No. 2560 of 1987. The Land Acquisition Collector also awarded Rs. 6567/- towards compensation of tube-well and Rs. 183.48 towards trees to claimant Hazura Singh. However, in respect of claimants in RFA No. 2561 of 1987, the Land Acquisition Collector had awarded Rs. 1512/- for the structures.

(3.) Dissatisfied with the amount of compensation, the claimants sought reference under Section 18 of the Act. Learned District Judge, on reference, assessed the amount of compensation of land at Rs. 1,20,000/- per acre. Reliance was placed upon an earlier decision by the District Judge, Exhibit P-3, in respect of land acquired in the same Village for the same purpose vide notification dated. 31.10.1983 wherein the compensation of the acquired land was assessed at Rs. 1,20,000/- per acre. However, the learned District Judge enhanced the compensation in respect of the fruit trees acquired to Rs. 550.44 while maintaining the compensation in respect of the house and tube-well etc.