Sant Ram And Ors vs Union Of India
- SCC(1996) 7 SCC 210
- Neutral1995 INSC 767
- SCR[1995] Supp (5) SCR 540
Ratio decidendi
The rule this decision rests on
Where lands in the same village have been determined at a particular compensation rate following proper adjudication, an appellate court will not further enhance that compensation merely because the claimant pursues a remedy of appeal, even where comparable lands in another area have fetched a higher rate.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
WITH CIVIL APPEAL NO. 11538 OF 1995 (Arising out of SLP (C) No.14912 of 1989) O R D E R C.A. NO.241/85 Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, `the Act') was published in the Union Gazette on February 21, 1973. The Collector in his award dated May 25, 1974 determined the compensation @ Rs.4,280/- per Bigha rounded to Rs.50/- per sq. yd. The Additional Judge by his award and decree dated August 8, 1978, enhanced the compensation to Rs.6,420/- per bigha. The High Court further enhanced it in appeal by judgment and decree dated July 10, 1984 to Rs.12,000/- per bigha. Still dissatisfied therewith, the appellants filed this appeal by special leave.
Shri P.P. Juneja, learned counsel appearing for the appellants contends that this Court in Gokal vs. State of Haryana [(1992) Supp 2 SCC 69] had taken judicial notice of constant rise in the prices and fixed the market value at different rates depending upon the year of acquisition. The appellants' lands are also situated within the master plan of the Delhi Development Authority. They are also entitled to compensation @ Rs.13 per sq. yd. In Jailal & Ors. vs. Union of India C.A. No.830/81 decided on February 23, 1981, this Court found that the market-value of Nangal Dewat notified under Section 4(1) published on December 3, 1971 would fetch @ Rs.13/- per sq. yd.
Having given consideration to the pursuasive arguments of Mr. P.P. Juneja, we think it is difficult to accept the contention. It is seen that for the lands in Shahbad Mohammeddpur village which is now part of the lands in this case, compensation was determined @ Rs.12/- per sq. yd., i.e.,Rs.12,000/- per bigha. The lands are claimed to be on par with the lands in Nangal Dewat. But when the lands in the entire village has been determined at Rs.12/- per sq. yd., we do not think we would be justified in further increasing the compensation to the appellants' lands on mere pursuing the remedy by way of appeal.
The appeal is accordingly dismissed. No costs.
IN C.A /95. ----------------- (@ SLP (C) No. 14912/89) Leave granted.
In view of the above judgment made in C.A. No. 241 of 1985, the appeal is dismissed. No costs.
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