GOKUL NARAYAN Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS revision has been preferred by Gokul Narayan Arora, whose land was acquired under the Rajasthan Urban Improvement Trust Act, 1959 for construction of a road by means of a notification Under Section 52(1) of the said Act issued on 12 -8 -1965 The possession of the land was taken by the State Government on 22nd June 1965. Proceeding for determination of compensation was thereafter initiated Under Section 53 of the Rajasthan Urban Improvement Trust Act, 1959 (hereinafter referred to as the Act). On 30th June 1976, the Additional Collector, Jodhpur determined the market value of the land at Rs. 67,276.82 and for the house which was standing on the land acquired at Rs. 3423.00. The Addl. Collector Jodhpur also held that interest would be payable on the quantum of compensation determined w.e.f. 22nd June 1965, i.e., the date of vesting of the property in the State of Rajasthan till the date of payment.

(2.) AGAINST this judgment of the Addl. Collector, two appeals were filed -one by the State and the other by the claimant -Gokul Narayan. On 27 -1 -1978, the compensation was raised by Rs. 2 per sq. ft. The petitioner thereafter filed a revision in the High Court, which was allowed and the case was remanded with the direction that the compensation be determined afresh. Upon redetermination, the petitioner was awarded compensation at the rate of Rs. 11.50 per sq. ft. He was still not satisfied, therefore, he filed revision no. 158 of 1986 in this court.

(3.) THE revision was allowed and the District Judge was directed to decide the appeal in accordance with the principal laid down in Bhag Singh v. Union Territory of Chandigarh : AIR1985SC1576 .