VIDYA SAGAR Vs. THE LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This judgment shall dispose of present appeal and also the connected ones as aforesaid though arising out of the separate awards, however, pertain to the same acquisition proceedings and the land acquired for the same public purpose, namely construction of railway line between Nangal Dam to Talwara. The reference Court below in modification of the award passed by the Land Acquisition Collector has determined the market value of the acquired land at the rate of Rs.700/ - per square meters, irrespective of its class and kind and awarded compensation to the appellants who being owners of the land were petitioners in references preferred under Section 18 of the Act.

(2.) The appellants, (hereinafter referred to as the petitioners) are aggrieved from the award because the Land Acquisition Collector though has determined the market value of the acquired land taking into consideration its nature and kind and proximity from the State highway, link road and the land which is neither touching the state highway or link road, however, in respect of certain category(s) of land even on higher side as compared to the market value thereof determined by the reference Court. A chart below depicts different prices of land in respect of its kind and nature as well as proximity from the State Highway, link road or otherwise determined by learned Collector: Market rate per sq. meter.

(3.) It is thus seen from the chart ibid that learned Collector in the case of 'Chahi Avval' land touching the state highway assessed the market value @ Rs.1,000/ - per square meter and that touching the link road Rs.800/ - per square meter. Similarly, in respect of 'Barani Avval' touching state highway Rs.800/ - per square meter and 'Gair Mumkin Abadi' touching state highway Rs.1,000/ - per square meter and touching the link road Rs.800/ - per square meter. Therefore, in respect of certain categories of land the Collector Land Acquisition has determined the market value of the acquired land on higher side as compared to Rs.700/ - per square meter assessed by reference Court below.