BALDEV KRISHAN SINGH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) After working out average of comparable sale instance, a cut of little more than 50% has been applied in assessing the market value of the acquired land at the time of issuance of notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'said Act').

(2.) Concededly, area of the appellant hereinafter referred to as 'the claimant') abutted on two main roads and was located in Khanna town itself and was being used for running flour mill and other factory. Facilities of electricity and water supply were available. Undisputed findings returned by the learned Additional District Judge reveal that the acquired land of the claimant was a very valuable piece of land. Its location was ideal. It was already being used for commercial purpose. Two factories were being run on it. One was Balak Ram Flour and Oil Mills and the other was Punjab Wooden Industries. It adjoined the New Grain Market and had been acquired for its extension. It was fully developed. Facilities of electricity and water were already available. There was no need to further develop it. It was a small compact piece of land. It was already being used for commercial purposes for the last more than 30 years. Grain Market, Khanna was the greatest grain market in the country.

(3.) Such being the location and development of the land under acquisition, the only question that has been mooted out by the claimant in this appeal filed by him under the Clause X of the Letters Patent is as to whether a cut of 50% from the average price of the comparable sale instance that was cited before the Court, was justified.